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Property Disputes in Kentucky

Property disputes in Kentucky are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear. Find out what you can do if you have a property dispute in Kentucky. Discover the legal remedies and actions that can help you clear up a misunderstanding or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Kentucky property disputes can involve a wide range of parties, which might include some of the following:

  • Neighbors
  • Homeowners’ association
  • Landlords and tenants
  • Family members
  • Trespassers
  • Property visitors
  • Government agencies

The court that hears your Kentucky property dispute will depend on the amount of damages sought. If the matter involves $5,000 or less, your county’s District Court will handle the case. For larger matters, one of Kentucky’s Circuit Courts will have jurisdiction.

Common Types of Kentucky Property Disputes

Often, the result of a property dispute in Kentucky is the plaintiff will receive compensation to cover their losses. The most common property disputes include:

Beyond these examples, you may find other situations in Kentucky where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own. 

Understanding Typical Kentucky Property Disputes

Trees that grow on or near property boundaries are often a source of property disputes. In Kentucky, local ordinances determine whether a property owner can trim branches that overhang onto their property from their neighbor’s tree. However, Kentucky statutes do address the issue of damages. For example, if you cut the tree to use the wood, the owner can demand three times the value of the damages and lumber.

Another common source of property disputes is complaints about neighboring farms. As in all states, Kentucky legislation protects certain agricultural activities from nuisance lawsuits. However, Kentucky’s laws cover a broader range of activities than those in some states. Kentucky’s right-to-farm laws apply not only to farming, but to timber operations and ranching. In addition, in 2010, the legislature amended the law to include sustainable agriculture operations.

Legal Process for Boundary Disputes in Kentucky

Has someone brought a property dispute against you in Kentucky, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

  • Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
  • Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
  • Do a title search to find all of the documents in the chain of title of your Kentucky property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Kentucky laws permit adjacent landowners to agree to construct a division fence between their properties. The neighbors agree to share the costs of constructing, repairing, and maintaining the fence. In addition, each party is responsible for making sure the fence meets Kentucky’s definition of a legal fence. A division fence agreement holds the same weight as a deed, and each party can hold the other to its terms.

Try to Find a Solution with Your Neighbor

Kentucky dispute litigation can cost a fortune, not to mention it can take a long time to settle a dispute. That’s why it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, then it’s time to take legal action.

Send a Demand Letter

At this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

This letter will be from your Kentucky attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Go to Court or Reach a Settlement

Settling a dispute out of court is often the best option for both parties, as it helps avoid the expense and time involved in litigation. However, if negotiations stall and no resolution is in sight, filing the dispute with the court may become necessary.

In court, the judge will review the evidence and decide who legally owns the property in question. If a settlement remains unattainable, the court’s final ruling will be based on the evidence presented by both sides. While the decision is legally binding, it may not align with your expectations. This is why settling beforehand is typically the most advantageous route.

Work With an Experienced Local Property Dispute Lawyer in Kentucky

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Kentucky property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Kentucky state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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