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  1. #1
    Join Date
    Jan 2009
    Posts
    12

    Question Adverse Possesion in Kentucky

    My family has occupied land since 1985 that belongs to a coal company. My father leased the land from a coal company rep who passed away more than 15 years ago. Now the coal company is saying the rep had no authority to lease my family the land and wants us to move. Is there anything I can do to keep this land as my own? My kids were raised on this piece of land. My father passed away on this land. I really need some help here. What do I need to do? Will I need to hire a lawyer or is there something that I can file on my own to stop them from reclaiming this little piece of land.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Adverse Possesion in Ky

    Question:

    - Did your family continue to lease the property after the rep passed on? Or continue to live there without paying a lease, but paying the property taxes?

    You will likely need a visit with a lawyer at the very least.

    And you would need whatever lease documents you have (when did you make the last lease payment?) and Property Tax records.

  3. #3
    Join Date
    Jan 2009
    Posts
    12

    Default Re: Adverse Possesion in Ky

    We havent payed on the property since at least 94-95. We have never payed property taxes. We have lived there in the open since July of 1985.

    Since the rep died no one, until recently has tried to contact us regarding the property. Now they want to start mining close to the property again so that is why they want us to move.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,848

    Default Re: Adverse Possesion in Ky

    From what I've read so far I'm not seeing the elements of adverse possession as having been met. Your family entered with permission of the coal company's agent, knew that it was a rental, and do not appear to have ever regarded the property as your own as opposed to a place you were fortunate enough to live in without being charged rent.

    Odds are that if you want to "keep this land as my own" you need to negotiate with the coal company to buy it from them.

    I suggest consulting a local real estate lawyer.

  5. #5
    Join Date
    Jan 2009
    Posts
    12

    Default Re: Adverse Possesion in Kentucky

    The coal company is saying we never had their permission to start with. They are saying they had no idea we were on their land until they started during surveys of the land because they wanted to start mining the land again. We have been there out in the open for close to 25 years, have used this land as our own, cultivated this land, improved this land, planted trees, flowers and a garden. So with them saying that we did not have their permission does that not mean that we have been there 'hostile'? I'm so confused by all this and I don't have the money to try and fight a coal company with their millions of dollars. There has to be something that can be done to stop the coal company from taking this acre of land from us.

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