Squatters Rights in Kentucky and Adverse Possession Laws (2024)

Kentucky has some of the nation’s lowest home prices, which will appeal to anyone interested in investing in real estate. Before purchasing a piece of property here, though, it’s crucial to know all about Kentucky squatters rights and adverse possession laws.

Like most states, Kentucky has squatters’ rights, which limit how a property owner can remove them. These rights only apply after a certain period of time, and certain legal conditions must be met for the squatter to escalate their squatting to an ownership claim on the property, which is called adverse possession.

In short, people who own property in Kentucky or who may purchase Kentucky property should be well aware of the state’s laws regarding this subject, as nobody wants to deal with a potential squatter situation or adverse possession claim. This guide from TurboTenant will explain the ins and outs of Kentucky squatters rights that both landlords and tenants should know.

Key Takeaways

• Kentucky squatter laws allow squatters to file for adverse possession of a property after 15 years of residence, provided they fulfill certain legal conditions.
• A formal eviction process is required in Kentucky to remove a squatter.
• To best resolve a squatting situation, landlords should consider consulting with an experienced attorney or legal advisor familiar with squatter laws in Kentucky.
• TurboTenant can help prevent squatter situations through our property management software and property advertising services.

Squatter Rights vs. Adverse Possession in Kentucky

The terms “squatters rights” and “adverse possession” are often used interchangeably, but it’s important to distinguish between the two. Squatters rights are the rights endowed upon a person engaged in the act of squatting or residing unauthorized on a property. These rights may include the right to a formal eviction process. Squatters rights may take effect in as little as 30 days in Kentucky.

Conversely, adverse possession claims may take place at the end of a designated time period in which a squatter has resided upon the property. Adverse possession is the process by which a squatter can claim property ownership without making any payments to the original owner.

Squatter vs. Trespasser

Many property owners assume that squatting and trespassing are the same, but squatters are not automatically considered trespassers in the eyes of the law. Trespassers may move on and off a property for long periods or only use it as a storage space, while squatters must use a property as their primary residence with no lengthy absences.

Law enforcement may immediately remove trespassers from properties, but removing a squatter presents many more challenges. Under squatters rights in Kentucky, the property owner must initiate formal eviction proceedings and wait for a judgment before squatters can be treated as trespassers and removed from the property.

Kentucky Laws on Squatters

At their most basic, Kentucky squatter laws allow squatters to reside, unauthorized, on a property until a formal eviction process is undertaken. If eviction is not undertaken or fails, squatters may claim adverse possession after living on a property for at least 15 years.

Naturally, no landlord wants an unauthorized resident to make a play for ownership of their property. However, as in most states, squatters rights in Kentucky favor landlords. For an adverse possession claim to succeed, the squatter will need well-documented supporting evidence, which may be difficult to obtain. As a result, courts often dismiss many adverse possession cases, leaving the original owner in control of their property.

How Squatters Can Legally Claim Property in Kentucky

Squatters must fulfill a strict set of legal parameters in order to claim adverse possession. While some states require as long as 25 years of residence to claim property ownership, squatters rights in Kentucky require a continuous residence of 15 years.

If the squatter possesses a court-verified color of title (an imperfect deed to a piece of land), that period may be shortened to seven years under KRS § 413.060.

The other conditions for adverse possession in Kentucky require a squatter’s residence on a property to be:

• Open and Notorious: Squatters must make it obvious that they reside on a property through signage, presence of personal belongings, or property improvements rather than attempting to hide their residence on the property.
• Hostile: A hostile residence is defined as one that goes against the property owner’s rights and best interests. In short, the owner cannot permit hostile possession.
• Actual: This requires squatters to make improvements to the property upon which they reside and treat it as their primary residence — not as a part-time residence or storage space.
• Exclusive: The squatter must be the only person residing on or using the property. The original owner cannot use the property, nor can other squatters.
• Continuous: This is perhaps the most important part of any adverse possession claim.
• Property Taxes. The squatter must pay the property taxes for the 15 continuous years.
• Improvements. Squatters must make improvements to the property such as building structures, cultivating the land, etc.
•  The squatter must be able to demonstrate that they resided on the property for 15 continuous years without any long absences.

In addition, squatters must possess a color of title to file for adverse possession. They also are required to pay property taxes duringtheir 15-year residence on the property.

Squatters whose residence does not meet the above requirements will likely see their adverse possession case dismissed. Moreover, squatter laws in Kentucky place the burden of proof on the squatter. So, squatters must thoroughly document how their residence on a property has met the requirements for adverse possession.

Adverse Possession Steps

If all conditions are met, squatters rights in Kentucky allow squatters to take ownership of a property via the following steps:

• File a lawsuit for adverse possession of the property.
• Serve notice to the original property owner (the squatter must provide evidence that they notified the owner).
• Appear in court with documented proof of an open, notorious, continuous, hostile, actual, and exclusive residency of 15 years or more.
• Receive a judgment regarding whether or not the claim of adverse possession will be upheld. If the claim is upheld, the color of title will be perfected and, therefore, become a valid deed to the property.

Landlord Rights and Responsibilities

In addition to squatters rights in Kentucky, landlords in Kentucky also have rights that empower them to prevent squatting situations and fight adverse possession claims. Those rights include:

• The right to evict squatters
• The right to prosecute trespassers
• The right to escort trespassers off of a property via law enforcement
• The right to install security measures to prevent squatters from entering the property
• After eviction is complete, the right to remove any improvements made by squatters or squatters belongings

With that said, landlords are also responsible for ensuring that their property does not fall prey to squatters in the first place. Here are some tips to prevent squatters:

• Visit and/or maintain properties often
• Take swift action to evict squatters or remove trespassers
• Pay property taxes

Tenant Rights and Responsibilities

Depending upon the situation, squatters rights in Kentucky allow squatters to be considered tenants. As such, squatters have rights that will protect their status. However, those rights are much fewer than those given to a traditional, rent-paying tenant.

In squatter situations, tenant rights include:

• The right to make improvements to the vacant property in which they are squatting
• The right to a formal eviction process
• The right to file for adverse possession after 15 years of continuous, open and notorious, hostile, actual, and exclusive habitation

However, squatters also have certain responsibilities that typical tenants would not. They are responsible for the following tasks:

• Must document all aspects of continuous, open and notorious, hostile, actual, and exclusive habitation to file for adverse possession
• Must make material improvements to the property to show ownership and strengthen adverse possession claims
• Must comply with all legal decisions, including evictions and denials of adverse possession claims

How to Evict Squatters in Kentucky

Sometimes, squatters may still move in even when property owners have taken all necessary precautions to avoid squatting situations. Landlords must then undertake formal eviction proceedings in order to remove squatters from their property.

The following outlines how to evict a squatter in Kentucky:

• Issue a notice to vacate. The notice must be given seven to 30 days in advance
• File a lawsuit to evict
• Present evidence of rightful property ownership
• Call the local sheriff to remove the squatter and their belongings once a writ of execution has been obtained from the court

Under Kentucky squatter rights laws, landlords should never attempt to evict squatters by self-eviction. This is illegal and could carry civil and criminal penalties.

Legal Help for Landlords in Kentucky

Landlords in Kentucky who wish to evict squatters or contest an adverse possession claim should immediately seek legal counsel. One option is to work with an attorney or a legal advisor who is well-versed in Kentucky real estate laws. An alternative is EZ Evict, which can help landlords streamline the eviction process.

Online databases like Justia and LawInfo can help property owners in Kentucky find legal resources in the fields of squatters rights and adverse possession. Regardless of the exact circumstances of the squatting situation, consulting with someone who can provide valuable insights and potential next step is essential.

Preventing Squatter Situations

Squatters often move into abandoned, vacant, or foreclosed properties with the intention of establishing ownership. Naturally, the best way for landlords to avoid squatters and adverse possession in Kentucky is to stay up to date on property maintenance and, at the very least, visit the property often.

Property owners may also deter squatters by installing security cameras and motion-detecting lights, posting “No Trespassing” signs, and securing entrances and windows to prevent unauthorized entry.

If you discover a squatting or trespassing situation, swift legal action is crucial. However, TurboTenant makes it easy to manage Kentucky properties and prevent squatter situations from happening.

How TurboTenant Can Help

Landlords can prevent squatting situations by using TurboTenant’s free property management software, which helps landlords fill vacant properties quickly and avoid squatters in the first place.

Squatting-prevention features include:

One-Click Property Listing

Thorough Tenant Screening

Kentucky-specific Lease Agreements

Here’s how it works. Once you have a vacant property, quickly list it with TurboTenant. The listing will blast to dozens of listing sites, ensuring that your property is seen by as many applicants as possible.

Once you find applicants you like, you can screen them quickly and without having to use a third-party screening service or collect all their personal details — just send them an invitation via email, and the applicant does the rest.

Once you find who you want to rent to, TurboTenant’s Kentucky-specific lease agreement will enable you to build a legally compliant agreement in 10 minutes or less.

When you get qualified tenants into your property as fast as possible, you minimize the risk of squatters and maintain your property rights.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.