2000-CA-001438 (PDF) - Kentucky Supreme Court Searchable ...

property, such as fences, houses or other
structures. We have none of those here. In
their absence, substantial activity on the
land is required. As said in Combs v. Ezell,
232 Ky. 602, 24 S.W.2d 301, 305:
Adverse possession of land may be said
to be founded in trespass; it must be a
trespass constantly continued by acts on
the premises. It must challenge the
right of all the world; the claimant
must keep his flag flying, and present a
hostile front to all adverse
pretentions.
The use of the property in question by anyone,
including the appellants, was, at best, sporadic. The property
consists of woodland suitable primarily for hunting and
recreational purposes. Other than an old road, the use of which
by both parties has been infrequent, there are no improvements to
the property. There was no error.
The award of attorney’s fees is affirmed.
The judgment is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANTS:
Glenn L. Green, Jr.
Harlan, Kentucky
Donald Duff
Frankfort, Kentucky
-6-
BRIEF FOR APPELLEES:
W. Henry Lawson
LAWSON AND LAWSON, P.S.C.
Pineville, Kentucky