33 Kentucky opinions name it 3 courts 1817–2025 8 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sweeten v. Sartingreen2 sentences2023“The ‘open and notorious’ element requires that the possessor openly evince a purpose to hold dominion over the property with such hostility that will give the nonpossessory owner notice of the adverse claim.” Appalachian Regional Healthcare, Inc., 824 S.W.2d at 880 (citing Sweeten v. Sartin, 256 S.W.2d 524, 526 (Ky. 1953)). 2010The Elements of Adverse Possession "The `open and notorious' element [of adverse possession] requires that the possessor openly evince a purpose to hold dominion over the property with such hostility that will give the non-possessory owner notice of the adverse claim." Appalachian Regional Healthcare, Inc. v. Royal Crown Bottling Co., Inc., 824 S.W.2d 878, 880 (Ky.1992) ( citing Sweeten v. Sartin, 256 S.W.2d 524, 526 (Ky.1953)). | 5 | 6 |
Appalachian Regional Healthcare, Inc. v. Royal Crown Bottling Co.green2 sentences2023“The ‘open and notorious’ element requires that the possessor openly evince a purpose to hold dominion over the property with such hostility that will give the nonpossessory owner notice of the adverse claim.” Appalachian Regional Healthcare, Inc., 824 S.W.2d at 880 (citing Sweeten v. Sartin, 256 S.W.2d 524, 526 (Ky. 1953)). 2023The party asserting it must have been induced to act to his detriment or misled to his injury.” Embry, 185 S.W.3d at 216 (citations omitted). -6- “[I]n order to make an adverse claim definite, the adverse possessor must have either some color of title that will show the extent of the claim or there must be a definite boundary.” Appalachian Reg’l Healthcare, Inc. v. Royal Crown Bottling Co., Inc., 824 S.W.2d 878, 880 (Ky. 1992). | 5 | 6 |
Vick v. Elliotgreen2 sentences2025Their conduct adequately demonstrates an “openly evince[d] purpose to hold dominion over the property with such hostility [to] give the non-possessory owner notice of the adverse claim.” Vick v. Elliot, 422 S.W.3d 277, 280 (Ky. App. 2013) (internal quotation marks and citation omitted). 2023To satisfy the “open and notorious” element, “the possessor must ‘openly evince a purpose to hold dominion over the property with such hostility that will give the non-possessory owner notice of the adverse claim.’” Id. at 280 (emphasis added). | 4 | 4 |
Phillips v. Akersgreen2 sentences2024As to step five, open and notorious possession, Mr. Taylor had the burden to prove that he “openly evince[d] a purpose to hold dominion over the property with such hostility that w[ould] give the non-possessory owner notice of the adverse claim.” Phillips v. Akers, 103 S.W.3d 705, 708 (Ky. App. 2002) (citation omitted). 2022As for the open and notorious element of adverse possession, the claimant must “openly evince a purpose to hold -5- dominion over the property with such hostility that will give the non-possessory owner notice of the adverse claim.” Phillips v. Akers, 103 S.W.3d 705, 708 (Ky. App. 2002) (citation omitted). | 2 | 3 |
Mudwilder v. Claxtongreen2 sentences2020Walden v. Baker, 343 S.W.2d 797, 798-99 (Ky. 1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky. 1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684, 684-85 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky. App. 1983). 2014Walden v. Baker, 343 S.W.2d 797, 799 (Ky.1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky.1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky.App.1983). | 2 | 2 |
Walden v. Bakergreen2 sentences2020Walden v. Baker, 343 S.W.2d 797, 798-99 (Ky. 1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky. 1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684, 684-85 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky. App. 1983). 2014Walden v. Baker, 343 S.W.2d 797, 799 (Ky.1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky.1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky.App.1983). | 2 | 2 |
Johnson v. Kirkgreen2 sentences2020Walden v. Baker, 343 S.W.2d 797, 798-99 (Ky. 1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky. 1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684, 684-85 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky. App. 1983). 2014Walden v. Baker, 343 S.W.2d 797, 799 (Ky.1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky.1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky.App.1983). | 2 | 2 |
Turner v. Morgangreen2 sentences2020Walden v. Baker, 343 S.W.2d 797, 798-99 (Ky. 1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky. 1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684, 684-85 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky. App. 1983). 2020Walden v. Baker, 343 S.W.2d 797, 798-99 (Ky. 1961); Mudwilder v. Claxton, 301 S.W.2d 3, 4 (Ky. 1957); Turner v. Morgan, 158 Ky. 511 , 165 S.W. 684, 684-85 (1914); Johnson v. Kirk, 648 S.W.2d 878, 879-80 (Ky. App. 1983). | 1 | 2 |
Kentucky River Coal Corp. v. Combsgreen2 sentences2024See, e.g., Kentucky River Coal Corp. v. Combs, 269 Ky. 365 , 107 S.W.2d 241, 244-45 (1937) (discussing Loeb v. Conley, 160 Ky. 91 , 169 S.W. 575, 581 (1914) (“If, however, the improvements are not made by a person while acting in the good[]faith belief that he is the owner of the land, or if they are made with actual notice of an adverse superior claim, and especially after this adverse claim has been asserted in a suit, the person making the improvements will not be entitled to compensation.”); and Tuck v. Sharer, 234 Ky. 296 , 28 S.W.2d 22, 24 (1930) (“The rule which permits one who has made 2024See, e.g., Kentucky River Coal Corp. v. Combs, 269 Ky. 365 , 107 S.W.2d 241, 244-45 (1937) (discussing Loeb v. Conley, 160 Ky. 91 , 169 S.W. 575, 581 (1914) (“If, however, the improvements are not made by a person while acting in the good[]faith belief that he is the owner of the land, or if they are made with actual notice of an adverse superior claim, and especially after this adverse claim has been asserted in a suit, the person making the improvements will not be entitled to compensation.”); and Tuck v. Sharer, 234 Ky. 296 , 28 S.W.2d 22, 24 (1930) (“The rule which permits one who has made | 1 | 1 |
Tuck v. Sharergreen2 sentences2024See, e.g., Kentucky River Coal Corp. v. Combs, 269 Ky. 365 , 107 S.W.2d 241, 244-45 (1937) (discussing Loeb v. Conley, 160 Ky. 91 , 169 S.W. 575, 581 (1914) (“If, however, the improvements are not made by a person while acting in the good[]faith belief that he is the owner of the land, or if they are made with actual notice of an adverse superior claim, and especially after this adverse claim has been asserted in a suit, the person making the improvements will not be entitled to compensation.”); and Tuck v. Sharer, 234 Ky. 296 , 28 S.W.2d 22, 24 (1930) (“The rule which permits one who has made 2024See, e.g., Kentucky River Coal Corp. v. Combs, 269 Ky. 365 , 107 S.W.2d 241, 244-45 (1937) (discussing Loeb v. Conley, 160 Ky. 91 , 169 S.W. 575, 581 (1914) (“If, however, the improvements are not made by a person while acting in the good[]faith belief that he is the owner of the land, or if they are made with actual notice of an adverse superior claim, and especially after this adverse claim has been asserted in a suit, the person making the improvements will not be entitled to compensation.”); and Tuck v. Sharer, 234 Ky. 296 , 28 S.W.2d 22, 24 (1930) (“The rule which permits one who has made | 1 | 1 |
Saunders v. City of Flemingsburggreen1 sentence2024See, e.g., Kentucky River Coal Corp. v. Combs, 269 Ky. 365 , 107 S.W.2d 241, 244-45 (1937) (discussing Loeb v. Conley, 160 Ky. 91 , 169 S.W. 575, 581 (1914) (“If, however, the improvements are not made by a person while acting in the good[]faith belief that he is the owner of the land, or if they are made with actual notice of an adverse superior claim, and especially after this adverse claim has been asserted in a suit, the person making the improvements will not be entitled to compensation.”); and Tuck v. Sharer, 234 Ky. 296 , 28 S.W.2d 22, 24 (1930) (“The rule which permits one who has made | 1 | 1 |
Loeb v. Conleygreen1 sentence2024See, e.g., Kentucky River Coal Corp. v. Combs, 269 Ky. 365 , 107 S.W.2d 241, 244-45 (1937) (discussing Loeb v. Conley, 160 Ky. 91 , 169 S.W. 575, 581 (1914) (“If, however, the improvements are not made by a person while acting in the good[]faith belief that he is the owner of the land, or if they are made with actual notice of an adverse superior claim, and especially after this adverse claim has been asserted in a suit, the person making the improvements will not be entitled to compensation.”); and Tuck v. Sharer, 234 Ky. 296 , 28 S.W.2d 22, 24 (1930) (“The rule which permits one who has made | 1 | 1 |
Embry v. Turnergreen1 sentence2023The party asserting it must have been induced to act to his detriment or misled to his injury.” Embry, 185 S.W.3d at 216 (citations omitted). -6- “[I]n order to make an adverse claim definite, the adverse possessor must have either some color of title that will show the extent of the claim or there must be a definite boundary.” Appalachian Reg’l Healthcare, Inc. v. Royal Crown Bottling Co., Inc., 824 S.W.2d 878, 880 (Ky. 1992). | 1 | 1 |
Garthwaite v. Hargesgreen2 sentences1955See, Garthwaite v. Harges, 301 Ky. 653 , 192 S.W.2d 734 ; Lewallen v. Mays, 265 Ky. 1 , 95 S.W.2d 1125 . 1955See, Garthwaite v. Harges, 301 Ky. 653 , 192 S.W.2d 734 ; Lewallen v. Mays, 265 Ky. 1 , 95 S.W.2d 1125 . | 1 | 1 |
| Bowman v. Bartlettgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Singleton v. Jackson
neutral
2 sentences1937To the same effect are Singleton v. Jackson, 2 Litt. 208 , and Wade v. Keown, 78 S. W. 900 , 25 Ky. Law Rep. 1787 .” Applying these principles to the instant case, we are unable to reach any other conclusion than that the court was in error in allowing appellees the sum of $1,200, their claim for the improvements erected on the place secured by a lien on the land. 1914To the same effect are Singleton v. Jackson, 2 Litt., 208 , and Wade v. Keown, 25 Ky. L. | 2 | 1914–1937 |
Harrison's Devisees v. Baker
neutral
2 sentences1937Mon. 537, and again in Harrison v. Baker, 5 Litt. 250 , it was held that where persons make improvements with actual knowledge of the assertion of an adverse claim to the land, they cannot recover for the im *374 provement. 1914Mon., 537, and again in Harrison v. Baker, 5 Litt., 250 , it was held that where persons make improvements with actual knowledge of the assertion of an adverse claim to the land, they can not recover for the improvements. | 2 | 1914–1937 |
Culton v. Simpson
green
2 sentences1992Culton v. Simpson, 265 Ky. 343 , 96 S.W.2d 856 (1936). 1992Culton v. Simpson, 265 Ky. 343 , 96 S.W.2d 856 (1936). | 1 | 1992–1992 |
Haffner v. Bittell
neutral
2 sentences1977But, when, as here, the beaten path was enclosed by fences forming a lane, all parties are thereby notified that the use under claim of right thereto extended not only to the beaten path, but to the fences, and, such use having been allowed to continue as a matter of right for the statutory period, in our judgment the adverse claim to use the lane as a passway ripened into a right.” Haffner v. Bittell, 198 Ky. 78 , 248 S.W. 223 (1923). 1977But, when, as here, the beaten path was enclosed by fences forming a lane, all parties are thereby notified that the use under claim of right thereto extended not only to the beaten path, but to the fences, and, such use having been allowed to continue as a matter of right for the statutory period, in our judgment the adverse claim to use the lane as a passway ripened into a right.” Haffner v. Bittell, 198 Ky. 78 , 248 S.W. 223 (1923). | 1 | 1977–1977 |
Carpenter v. Planck
neutral
2 sentences1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . 1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . | 1 | 1957–1957 |
Price's Adm'r v. Price
green
2 sentences1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . 1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . | 1 | 1957–1957 |
Karsner's Ex'r v. Monterey Christian Church
green
2 sentences1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . 1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . | 1 | 1957–1957 |
Hunt v. Crocker
green
2 sentences1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . 1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . | 1 | 1957–1957 |
Cosby v. Hays
green
1 sentence1957The appellants rely upon such cases as Hunt v. Crocker, 246 Ky. 338 , 55 S.W.2d 20 ; Price’s Adm’r v. Price, 291 Ky. 211 , 163 S.W.2d 463 ; Karsner’s Ex’r v. Monterey Christian Church, 304 Ky. 269 , 200 S.W.2d 474 ; Carpenter v. Planck, 304 Ky. 644 , 201 S.W.2d 908 ; and Cosby v. Hays, Ky., 257 S.W.2d 575 . | 1 | 1957–1957 |
Lambert v. Huntsman
green
2 sentences1956Smith v. Oliver, 189 Ky. 214 , 224 S.W. 683 ; Lambert v. Huntsman, 306 Ky. 862 , 209 S.W.2d 709 . 1956Smith v. Oliver, 189 Ky. 214 , 224 S.W. 683 ; Lambert v. Huntsman, 306 Ky. 862 , 209 S.W.2d 709 . | 1 | 1956–1956 |
Smith v. Oliver
neutral
2 sentences1956Smith v. Oliver, 189 Ky. 214 , 224 S.W. 683 ; Lambert v. Huntsman, 306 Ky. 862 , 209 S.W.2d 709 . 1956Smith v. Oliver, 189 Ky. 214 , 224 S.W. 683 ; Lambert v. Huntsman, 306 Ky. 862 , 209 S.W.2d 709 . | 1 | 1956–1956 |
Lewallen v. Mays
neutral
2 sentences1955See, Garthwaite v. Harges, 301 Ky. 653 , 192 S.W.2d 734 ; Lewallen v. Mays, 265 Ky. 1 , 95 S.W.2d 1125 . 1955See, Garthwaite v. Harges, 301 Ky. 653 , 192 S.W.2d 734 ; Lewallen v. Mays, 265 Ky. 1 , 95 S.W.2d 1125 . | 1 | 1955–1955 |
Rose v. Ware
green
2 sentences1948Neither had there been a sale of all or part of the property to others from which appellant could take constructive notice of an adverse claim as there was in the ease of Kose et al. v. Ware, 115 Ky. 420 , 74 S. W. 188 . 1948Neither had there been a sale of all or part of the property to others from which appellant could take constructive notice of an adverse claim as there was in the ease of Kose et al. v. Ware, 115 Ky. 420 , 74 S. W. 188 . | 1 | 1948–1948 |
Flinn v. Blakeman
red
2 sentences1936In Flinn v. Blakeman, 254 Ky. 416 , 71 S. W. (2d) 961, 973 , we said: “If a would be disseizor desires to do any disseizing, he must get upon and hold possession of the coveted property, he must do his disseizing there, he cannot do it elsewhere. 1936In Flinn v. Blakeman, 254 Ky. 416 , 71 S. W. (2d) 961, 973 , we said: “If a would be disseizor desires to do any disseizing, he must get upon and hold possession of the coveted property, he must do his disseizing there, he cannot do it elsewhere. | 1 | 1936–1936 |
Krauth v. Hahn
neutral
1 sentence1936It is sometimes erroneously contended its purpose is to afford the true owner notice of the extent of the adverse claim, but that would require the color to be recorded, and in Krauth v. Hahn, 65 S. W. 18, 19 , 23 Ky. Law Rep. 1261 , we reversed a judgment because the court had given an instruction that contained the words: “Claim under a title of record.” To same effect see Poage’s Heirs v. Chinn’s Heirs, 4 Dana (34 Ky.) 50, and 2 C. | 1 | 1936–1936 |
| Stone v. Keith neutral | 1 | 1931–1931 |
| Keaton v. Sublett neutral | 1 | 1931–1931 |
Asher v. Roberts
green
2 sentences1931Asher v. Roberts, 206 Ky. 186 , 266 S. W. 1089 ; Pugh v. Bell, 18 Ky. (2 T. 1931Asher v. Roberts, 206 Ky. 186 , 266 S. W. 1089 ; Pugh v. Bell, 18 Ky. (2 T. | 1 | 1931–1931 |
| Salmons' Adm'rs v. Davis neutral | 1 | 1930–1930 |
| Bordes v. Leece neutral | 1 | 1927–1927 |
| Carstarphen v. Holt green | 1 | 1920–1920 |
| Elliott v. Cumberland Coal & Coke Co. neutral | 1 | 1920–1920 |
| Turner v. Stephenson neutral | 1 | 1920–1920 |
| Hornblower v. Banton green | 1 | 1920–1920 |
| Padgett v. Decker green | 1 | 1919–1919 |
| Frazier v. Morris green | 1 | 1919–1919 |
| Muir v. Cox neutral | 1 | 1917–1917 |
| Stearns Coal & Lumber Co. v. Boyatt green | 1 | 1917–1917 |
| Cox v. Prewitt neutral | 1 | 1914–1914 |
| Bowling v. Breathitt Coal, Iron & Lumber Co. neutral | 1 | 1912–1912 |
| Pleak v. Chambers neutral | 1 | 1838–1838 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.