Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.

If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.

Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.

Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.

In Kentucky, adverse possession laws allow a person to claim ownership of a property if they have occupied it in a manner that is hostile, actual, open and notorious, exclusive, and continuous for a statutory period. The Kentucky Revised Statutes (KRS) require a period of 15 years for a claim of adverse possession to be valid (KRS 413.010 to 413.060). The occupier must treat the property as their own, without permission from the true owner, for the entire period. If these conditions are met, the adverse possessor may be able to acquire legal title to the property. It is important to note that adverse possession claims can be complex and typically require the involvement of an attorney to navigate the legal process and to potentially litigate the matter in court if the claim is contested by the property owner.