What Are Squatter Rights and Adverse Possession In Kentucky?
First lets start off by going over the definition of a “Squatter” and “Squatter Rights In Kentucky”, A squatter is somebody who unlawfully occupies a building or unused land, This includes tenants who are living in your property who have not paid rent as well as people who have broken into the property and who are trespassing. Kentucky squatters’ rights and adverse possession Laws are not that complicated and are pretty straight forward for the most part, If a squatter has not been on your property for more then 15 years then they can not claim ownership of your property, if they have been there for 15 years or more there is a chance adverse possession in Kentucky could kick in at that point …
What is Adverse Possession in Kentucky? Adverse possession in Kentucky is wear for squatter has occupied your property for 15 years or more and during that time. They have paid the property taxes and kept the property in good shape then they are able to file and claim ownership on that property after that time frame, if you have a property you have not visited in a while you might want to go and check that property out to see if there are any squatters in that property. One key point to note as well is the squatter has to be in the property for 48 to 72 hours or longer to be able to claim being a squatter if you catch them as soon as they do it or right after they do it then you still have the possibility to get them out for trespassing.
A Brief History of Squatter Rights in Kentucky
Historically, squatter rights originated as a solution to land disputes in times when property records were spotty at best. Kentucky, as a frontier territory, was a fertile ground for these laws to take root, back in the day there were probably a lot more squatter and adverse possession cases where people actually took and claimed ownership of the property more frequently during the earlier days of the United States establishment as a country.
While early Kentucky law was lenient toward squatters, Kentucky squatter rights and adverse possession laws have evolved to be more strict on squatters and the laws have ultimately become better for the homeowners of the property to be able to get squatters out of their property since we do not have the same problems as we did as a country in the 1800s with land records and home ownership documents and things of this nature.
Kentucky’s Specific Requirements for Adverse Possession
In Kentucky, the statutory period for adverse possession is 15 years, a relatively long span compared to other states, reflecting the state’s intent to ensure stable property ownership and to not let squatters take over properties that do not belong to them.
In many cases, paying property taxes for at least five consecutive years is a factor they will consider to claim ownership if they have paid more then that then it is a plus, serving as concrete evidence of one’s claim to a property. To stake a claim, one must present documentation in order to do this—utility bills, photographs, and witness testimonies can all serve as powerful evidence for a squatter along with improving the property.
The truth is 15 years is quite a long time and the likeliness for somebody to be in your Kentucky property for that long while improving the property and paying taxes and the bills are very unlikely.
What Are My Options When Dealing With Squatters In Kentucky
So whenever you have squatters in your house in Kentucky you have a few options available, obviously one of the most common ones is to evict the squatter from your house and get an attorney to handle that process for you and go to eviction Court to get this person out of your house as soon as possible. Well this is a very common and good option it can get quite expensive attorneys are usually around 5 to 600 bucks to start the process and then from there you would need to pay four to five people to vacate the premises and the items inside of it whenever you do the eviction and sit them on the side of the road for 3 days then dispose of them and then change the locks the board and secure up the place and then from there fix the property up to rent it out again or sell it.
We have done this process multiple times already with past tenants and if you want to do this process and need somebody to help you clean the property out and get the tenants out our recommendation is Harry Vinegar with Eviction Crew Now! You can also reach out to Harry by calling or texting at 502-417-0007
There are other options though that might suit somebody better than having to spend all the money to get the person out and then all the money to fix the property back up once that person is out of the house. Two other options that you have whenever dealing with squatters and Kentucky are you can do cash for keys which is essentially giving the squatter money to leave the property and they would sign a cash for keys document stating all of this and then what you can do it also is sell your house as is to an investment company Like Louisville Cash Real Estate who will take care of the squatters for you or will help you through the eviction process you can call us at 502-461-1450 for a no obligation cash offer, we also wrote a article on what to do if you have squatters in your house in Louisville
When to Consult a Kentucky Real Estate Attorney And The Eviction Process
So our recommendation for when you should consult a Kentucky real estate eviction attorney is as soon as possible even if you were not going to file the eviction and you are going to try to do cash for keys with the tenants or squatters I would still reach out to one as soon as possible for guidance to make sure what you are doing is correct. So for example if you’re going to be doing cash for keys just make sure that they give you the correct document that you would need to get signed by the squatter. If you are planning to do an eviction I would reach out as soon as possible to get the process started because
How To Prevent Future Squatters From Getting Into Your Kentucky Property.
Being able to prevent the squatters from getting your property in the first place is always the first place I would start and the best place to start honestly. If we can prevent the squatters from getting into the property into the first place then we can deter this whole process of trying to get these people out. Yes some squatters are just past tenants who have not paid rent so it’s kind of hard to prevent that but what you could do is tighten up your renting requirements so that you have less of a chance for this to happen.
To prevent squatters in an abandoned house in Kentucky you need to secure the property as soon as possible! Securing the property means more then just locking the doors and windows….
Whenever we secure houses to prevent squatters we always board up all the windows on the outside if we are going to replace the siding or the inside if we are not replacing the siding along with putting 2X4’s on the backdoor and boarding up the front door with plywood. Along with boarding the windows and doors up we put up REOLINK Security Cameras to monitor everything happening at the house, you will need a SD card and a Wi-Fi router or Mint Mobile Sim Cards for the camera to work. Along with that we also use SimpliSafe security systems for all of our properties incase somebody does break in the alarm will go off and allow you time to call the police for trespassers. The last thing we do is make sure we have motion sensor lights in the front and back yard to deter anybody away from the house and always make sure alleyways are not accessible on foot on to our property and we have a fence.