My question involves real estate located in the State of: Kentucky
We own commercial property that contained a RR rightway easement. It was leased to a tenant in 1962. That lease was continued under renewal options until 2008. Unknown to us, in 1970 the RR sold the ROW portion of our property to the tenent, creating another parcel. The 1874 condemnation order that the RR used to document their ownership in the 1970 sale to the tenant, was examined by a DC attorney who is specializes in ROW issues. He advised us that the 1874 document granted only an easement for railroad purposes and not fee ownership. The deed to the tenant is for simple fee w/ covenant of special warranty. The tenant used the premises as one parcel and for one business. After the last renewal option expired in 2008, the tenant vacated and erected a fence along the RR ROW line. They continue to occupy the row property and have lease it to a tenant.
This property has been in our family since 1918, and was passed to me through an inheritance. We have never lived in Kentucky. Can the former tenant now claim the property through adverse posession, even though the RR conveyed an interest greater than what they owned? Has the 1970 "color of title" ripened into fee ownership under the KY statue of limitations? What actions might be available to us? I would really appreciate any knowledgeable advise. Thank you.

