It’s something you’ve probably heard about in the news: people who move into a long-empty house they otherwise have no claim to live for free. They might even claim ownership of the home after living there for a period of time.

Commonly called “squatter’s rights,” these cases are rarely as simple as they’re framed in the media. Maybe there’s an inheritance dispute. Two sons inherit their father’s farm, but only one son works and improves the land, while the other’s name is on the deed. So who truly owns the farm?

Adverse possession laws offer a way to resolve these sorts of disputes, but they vary state-by-state. Here’s what to know about Kentucky’s adverse possession laws.

What are Kentucky adverse possession laws?

Adverse possession is a legal doctrine that says a person in possession of land owned by someone else may acquire valid ownership of it, provided certain conditions are met and the adverse possessor has it for some length of time.

In Kentucky, that period is 15 years, but in California, for example, that period is only five years and the adverse possessor must have paid property taxes on it.

Typically, an adverse possessor must meet five conditions to obtain ownership.

Their possession must be:

1. Continuous, throughout the period required

2. “Hostile,” in the sense it is opposed to the rights of the true owner

3. Open and notorious, the possession cannot be secret. It has to be obvious

4. Actual, the adverse possessor must be truly in possession of the property

5. Exclusive, the adverse possessor must exclude others from possession as if they were the actual owner. The adverse possessor cannot share control of the property with others (unless there’s a bonafide legal relationship between them)

Two key statutes establish Kentucky’s adverse possession laws. They include:

• KRS 413.010 - This statute establishes the general 15-year requirement for adverse possession claims in the commonwealth. It states “an action for the recovery of real property may be brought only within 15 years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims.”

• KRS 413.060 - This statute lays out one important exception in the form of a shorter, seven-year stay on adverse possession for “color of title” cases. The legal concept refers to a document that appears to show a legitimate claim of ownership, but due to an error with the document, cannot actually transfer or convey ownership. Say, for example, you inherit a piece of land from a relative, but discover the deed you were given was never properly recorded.

Are there exceptions?

There are several exceptions laid out in Kentucky law because of how complex this issue can be. One of the most notable exceptions pertains to recreational use:

• KRS 411.190(8) - This statute protects landowners who allow recreational use of their property from adverse possession. Someone who uses land owned by someone else for recreational purposes cannot bring a claim of adverse possession based solely on that recreational use.

Because adverse possession cases can be complicated and “ownership” is sometimes legally gray, it’s highly recommended that you consult with an attorney experienced in this area of Kentucky law before pursuing or fighting an adverse possession claim.