adverse possession claim (Kentucky) · Go Syfert
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adverse possession claim in Kentucky

8 Kentucky opinions name it 2 courts 2009–2025 4 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.

Followed or applied (8)

CaseFollowedCited
Shepherd v. Morgangreen
kyctapp · 1951 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025“One in the actual adverse possession of a portion of land under a deed is in adverse possession of the entire tract described in the deed; while one in adverse possession without color of title must indicate the extent of his claim by well-defined boundaries.” Appalachian Regional Healthcare, Inc. v. Royal Crown Bottling Co., Inc., 824 S.W.2d 878, 880 (Ky. 1992) (citing Shepherd v. Morgan, 246 S.W.2d 131, 132 (Ky. 1951)).

11
Appalachian Regional Healthcare, Inc. v. Royal Crown Bottling Co.green
ky · 1992 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025“One in the actual adverse possession of a portion of land under a deed is in adverse possession of the entire tract described in the deed; while one in adverse possession without color of title must indicate the extent of his claim by well-defined boundaries.” Appalachian Regional Healthcare, Inc. v. Royal Crown Bottling Co., Inc., 824 S.W.2d 878, 880 (Ky. 1992) (citing Shepherd v. Morgan, 246 S.W.2d 131, 132 (Ky. 1951)).

11
Vick v. Elliotgreen
kyctapp · 2013 · cited in 1 Kentucky opinions naming this issue, 2023–2023
2 sentences

2023He cites Vick v. Elliot, 422 S.W.3d 277, 280 (Ky. App. 2013), which provides, “[t]he construction of a fence which indicates a clear claim to a parcel of property may satisfy the element of possession in an adverse possession claim.” (Emphasis added.) In the case herein, Montgomery, Yeakley, nor the Boyds constructed the fence; it existed before they possessed either lot.

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).

11
White Log Jellico Coal Co. v. Zippgreen
kyctapp · 2000 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021See White Log Jellico Coal Co., Inc. v. Zipp, 32 S.W.3d 92 (Ky.App. 2000) (explaining the requirements for adverse possession in Kentucky).

11
Flinn v. Blakemanred
kyctapphigh · 1934 · cited in 1 Kentucky opinions naming this issue, 2013–2013
2 sentences

2013See Tartar, 280 S.W.2d at 153 ; Flinn v. Blakeman, 254 Ky. 416, 433 , 71 S.W.2d 961, 969 (1934).

2013See Tartar, 280 S.W.2d at 153 ; Flinn v. Blakeman, 254 Ky. 416, 433 , 71 S.W.2d 961, 969 (1934).

11
Tartar v. Tuckergreen
kyctapphigh · 1955 · cited in 1 Kentucky opinions naming this issue, 2013–2013
1 sentence

2013See Tartar, 280 S.W.2d at 153 ; Flinn v. Blakeman, 254 Ky. 416, 433 , 71 S.W.2d 961, 969 (1934).

11
McDaniel v. Ramsey's Adm'rsgreen
kyctapphigh · 1947 · cited in 1 Kentucky opinions naming this issue, 2009–2009
2 sentences

2009No one is questioning that "Tract II" is also allegedly located in Pulaski County. [20] 305 Ky. 536 , 204 S.W.2d 953, 954 (1947). [21] 284 Ky. 698 , 145 S.W.2d 1055 (1940). [22] Id. at 1057 (internal citations omitted). [23] Id. [24] Id. [25] Id. [26] Much of the precedent regarding color of title revolves around the doctrine of adverse possession.

2009No one is questioning that "Tract II" is also allegedly located in Pulaski County. [20] 305 Ky. 536 , 204 S.W.2d 953, 954 (1947). [21] 284 Ky. 698 , 145 S.W.2d 1055 (1940). [22] Id. at 1057 (internal citations omitted). [23] Id. [24] Id. [25] Id. [26] Much of the precedent regarding color of title revolves around the doctrine of adverse possession.

11
Bryant v. Perrygreen
kyctapphigh · 1940 · cited in 1 Kentucky opinions naming this issue, 2009–2009
2 sentences

2009No one is questioning that "Tract II" is also allegedly located in Pulaski County. [20] 305 Ky. 536 , 204 S.W.2d 953, 954 (1947). [21] 284 Ky. 698 , 145 S.W.2d 1055 (1940). [22] Id. at 1057 (internal citations omitted). [23] Id. [24] Id. [25] Id. [26] Much of the precedent regarding color of title revolves around the doctrine of adverse possession.

2009No one is questioning that "Tract II" is also allegedly located in Pulaski County. [20] 305 Ky. 536 , 204 S.W.2d 953, 954 (1947). [21] 284 Ky. 698 , 145 S.W.2d 1055 (1940). [22] Id. at 1057 (internal citations omitted). [23] Id. [24] Id. [25] Id. [26] Much of the precedent regarding color of title revolves around the doctrine of adverse possession.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Moore v. Stills green
ky · 2010
1 sentence

2021The Kentucky Supreme Court has held that “clear and convincing evidence, of a well-defined boundary is an essential element of an adverse possession claim.” Moore, 307 S.W.3d at 81 .

12021–2021
Baker v. Weinberg green
kyctapp · 2008
1 sentence

2016Id. at 832 .

12016–2016
Young v. Pace neutral
kyctapp · 1911
2 sentences

2010The claimed land, our predecessor Court held nearly a century ago, must be “either actually enclosed or so marked that the land is susceptible of being identified by its description.” Young v. Pace, 140 S.W. at 555 .

2010The claimed land, our predecessor Court held nearly a century ago, must be "either actually enclosed or so marked that the land is susceptible of being identified by its description." Young v. Pace, 140 S.W. at 555 .

12010–2010

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 411.190 (3)

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.

Where else courts name it

TX 90 (1930–2026) NY 81 (1875–2026) MO 52 (1855–2025) WA 51 (1943–2026) OH 46 (1979–2026) OR 35 (1909–2025) IN 33 (1855–2025) ME 32 (1914–2024) MI 30 (1897–2026) RI 27 (1970–2026) CT 27 (1983–2025) WY 27 (1981–2025) WI 26 (1927–2025) IA 21 (1903–2024) AL 21 (1866–2026) PA 20 (1840–2025) CA 19 (1915–2025) IL 19 (1981–2024) SC 18 (1987–2022) TN 18 (1998–2026) CO 17 (1956–2026) MS 15 (1987–2025) AZ 14 (1979–2024) MN 13 (1988–2026) AR 13 (1959–2021) WV 12 (1892–2025) MD 10 (1984–2018) NH 10 (1984–2025) ND 10 (1999–2025) OK 10 (1924–2014) NC 9 (1919–2025) VT 8 (2013–2025) UT 8 (1989–2025) VA 8 (1938–2026) NM 8 (1969–2003) MA 8 (1979–2025) KY 8 (2009–2025) GA 8 (1999–2023) KS 7 (1974–2024) HI 7 (1905–2016) ID 7 (1892–2024) SD 6 (1997–2026) NJ 6 (1979–2024) DE 5 (1959–2024) NE 4 (2016–2023) FL 4 (1991–2019) AK 3 (1982–2005) NV 3 (1992–2021) VI 3 (2008–2012) DC 2 (2019–2020) MT 2 (1991–2000)

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.

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