Squatters rights, also known as adverse possession, is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property, usually land, may acquire legal ownership based on continuous possession or occupation of the property without the permission of its legal owner. The term "squatters rights" has no precise and fixed legal meaning, and in some jurisdictions, it refers to temporary rights available to squatters that prevent them, in some circumstances, from being removed from property without due process.
In Kentucky, squatters must live on the property for 15 years to obtain adverse possession of a property. To claim adverse possession, the squatter must meet the following requirements:
- Actual: Exercising control over the real property
- Open and notorious: Treating the property like an owner would and not attempting to hide their occupancy
- Exclusive: Possession of the real property alone
- Continuous: Remaining on the property for a time period of 15 years
Kentucky also has a definiteness clause that would require squatters to have put up a fence or distinct boundary of some kind around the property.
To get rid of squatters, the owner of the property is required to file a formal eviction with the court. To protect themselves from squatters, property owners are encouraged to inspect the property regularly, make sure that the property is secured by blocking entrances, locking all doors, and closing all windows, pay property taxes promptly, put up "No Trespassing" signs on the property, especially on unoccupied properties, and serve notice to any squatters on the property.
