Ky. Rev. Stat. § 413.010
Action for recovery of real property -- Fifteen year limitation
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Subject to KRS 411.190(8), an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 306, sec. 1, effective July 15, 2002. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2505.
Notes of Decisions
Cited in 35
cases (7 in the last 5 years), 1949–2025 · leading case: Wood v. Wingfield
Wood v. Wingfield (1991)
“We now conclude that no limitation begins to run on the intestate inheritance of real property until there has been an "ouster", after which the fifteen year limitation period of KRS 413.010 applies, that the statute of limitations for the inheritance of personalty begins to run…”
Moore v. Stills (2010)
“Under KRS 413.010, "an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims.”
Vandertoll v. Commonwealth (2003)
“STATUTE OF LIMITATIONS Each of the condemnees argues that the fifteen-year statute of limitations set forth in KRS 413.010 should apply to claims brought under KRS 416.”
Appalachian Regional Healthcare, Inc. v. Royal Crown Bottling Co. (1992)
“, (RC), was the holder of adverse title in the plot pursuant to KRS 413.010. Approximately thirty-five years ago the appellant, Royal Crown Bottling Company, Inc.”
Columbia Gas Transmission Corp. v. Consol of Kentucky, Inc. (2000)
“The right to acquire an easement by prescription is of ancient origin and is grounded in the common law.”
William David Ellington v. Harlan Randall Becraft (2017)
“3d at 730 (citing KRS 413.010; Riggs v. Ketner, 299 Ky. 754 , 187 S.”
Phillips v. Akers (2003)
“2d 432, 436 (1965); KRS 413.010. “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 non-posses-sory owner notice of the adverse claim.”
Elsea v. Day (2014)
““One may obtain a perfect title to real property by adverse possession for the statutory period of time of fifteen years even when there is no intention by the adverse possessor to claim land not belonging to him.”
Pendleton v. Centre College of Kentucky (1990)
“The trial court dismissed Cecil’s suit as barred by limitation, particularly citing KRS 413.010 and 413.020. A resolution of the dismissal therefore requires an interpretation of those statutes.”
Journey Acquisition-II, L.P. v. EQT Production Co. (2014)
“§ 413.010. While EQT correctly notes that the conversion claim is governed by a two-year limitations period, Journey asserted its claim of conversion only as an alternative theory of relief to its trespass claim.”
Henninger v. Brewster (2012)
“See KRS 413.010. Until the fifteen-year period expires, however, the original grantor (the owner at the time the adverse possession commenced) still has a right of action against the adverse possessor.”
Ralston v. Thacker (1996)
“We believe KRS 413.010 to be the applicable statute of limitations in an action upon breach of a general warranty.”
— Ky. Rev. Stat. § 413.010(1)(a) — 1 case
Scott v. Adams (2025)
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