Legal Question in Real Estate Law in Kentucky

I have a question about adverse possession in Kentucky

My husband & i live on 7 acres of property thats my

Mother in laws we have lived here for 14 years we put

A doublewide on the property & built concrete porches

Around it & even built a barn on it.. What is our rights in

Obtaining this land in our name ?


Asked on 5/17/14, 8:33 am

1 Answer from Attorneys

Robert Morrin Morrin Law Office

In Kentucky, to acquire property by adverse possession, the possessor would need to show the Court that the use of the property has been notorious, open, continuous, exclusive and hostile for the statutory period in order to quiet the title of the land in his favor.

In KY, the statutory period is seven (7) years if held under color of title and fifteen (15) years otherwise. Kentucky Code 413.010, .050, .060.

Color of title is basically that there is some type of deed, although faulty, that the person is claiming under. If you have no deed then the time period would be 15 years.

The referenced statutes can be viewed at this link for your convenience:

http://lrc.ky.gov/KRS/413-00/CHAPTER.HTM

If the property belongs to your mother in law and she let you stay there then you have not owned the property in a "hostile" manner and you would not be successful in an adverse possession to quiet to title and officially obtain rights to the property.

I hope this has helped and I wish you all the best.

Thank you,

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Answered on 5/20/14, 6:45 pm


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