What happens if someone is squatting in the property before it’s sold and how can we get them removed?

Short answer: In Kentucky, a person who occupies your property without permission is not automatically entitled to stay. You generally must use legal remedies — criminal trespass (if an immediate crime is occurring) or a civil action (forcible detainer/ejectment) — to remove them. Do not try to forcibly evict them yourself. This article explains the typical steps, practical tips, and where to look for the relevant Kentucky law.

Detailed answer

1. Understand the occupant’s legal status

Not everyone who is physically present on your property is a “squatter” in the legal sense. Common categories:

• Unauthorized occupant/trespasser: Someone on the property without permission. Often removed quickly using police (if the situation qualifies as criminal trespass) or a civil eviction-type proceeding.
• Tenant or person with claimed permission: If they say they have a lease or permission, your remedy is different — you may need to treat them as a tenant and use landlord-tenant procedures.
• Person claiming ownership by adverse possession: Adverse possession claims require long-term, exclusive, open, and hostile possession under state law; short-term occupancy before a sale usually won’t create title.

2. Do not use “self-help” forcible removal

Never change locks, shut off utilities, remove the occupant’s belongings, or physically force them off the property yourself. In Kentucky, as in other states, that can expose you to criminal and civil liability. Use the legal tools below.

3. When to call police immediately

If the occupant is committing a crime (breaking in right now, threatening violence, or destroying property), call 911. Police can often remove a trespasser in the context of an ongoing criminal act. If the situation is non-violent and the occupant claims a right to be there, police may treat it as a civil matter and decline to remove them.

4. Civil remedies: forcible detainer/ejectment

If the police will not remove the occupant, the usual path is a civil court action to regain possession:

• Forcible detainer (sometimes called an unlawful detainer or eviction): This is a relatively fast process in many Kentucky counties for regaining possession of real property from someone unlawfully occupying it. The exact name and procedure can vary by local court.
• Ejectment: A civil lawsuit to remove a person who claims ownership or who is wrongfully in possession. Ejectment can decide both possession and title, so it’s used in more complex disputes.

Filing the correct action, serving notice, and following court timelines is essential. If you win, the court issues a judgment ordering the occupant to leave. The sheriff’s office then enforces the order and physically removes the occupant if necessary. Do not attempt to execute the judgment yourself.

5. Evidence and documentation you should gather

• Proof of ownership: deed, tax bill, mortgage records, closing statements, or listing documents.
• Photos and video showing who is on the property, dates, and conditions.
• Records of any communications with the occupant (texts, emails, letters).
• Police reports if you called law enforcement.
• If someone claims to be a tenant, copies of any written lease, rent receipts, or statements about permission to be there.

6. Timeline and practical expectations

How long removal takes depends on facts and local court schedules. A forcible detainer can move faster than a full ejectment or title dispute, but you should expect at least days to weeks after filing, often longer. If an occupant raises a legitimate legal defense or claims tenancy, the process can take months.

7. Adverse possession — when a squatter can claim title

Some people attempt to claim ownership by adverse possession if they occupy land openly, continuously, exclusively, and hostilely for the statutory period. That is a long-term claim and typically will not apply to someone who appears briefly before a sale. If you face an adverse possession claim, you will likely need a court action to quiet title.

8. Kentucky law resources

Kentucky’s statutes and courts govern trespass, forcible detainer, ejectment, and other remedies. For official texts and to search statutes, use the Kentucky Revised Statutes search tool: https://apps.legislature.ky.gov/statutes/. For practical court and self-help information, the Kentucky Court of Justice website is a useful resource: https://courts.ky.gov/.

Helpful Hints

• Stay calm and avoid confrontation. If the occupant is aggressive, call law enforcement immediately.
• Do not use self-help eviction — it can backfire legally.
• Gather proof of ownership and documentation before filing court papers. Photographs with timestamps and records of all contacts help your case.
• If the occupant claims to be a tenant, you may need to follow Kentucky’s landlord-tenant rules — treat the situation cautiously and seek legal advice.
• Contact local law enforcement to learn when police will intervene (they often will for active criminal trespass but not for disputed possession claims).
• Hire a Kentucky real estate attorney or landlord-tenant attorney early if the occupant resists removal, claims tenancy, or asserts ownership rights. An attorney can file the correct action and represent you in court.
• If you are selling the property, notify your broker and the buyer about the issue so everyone understands potential delays and legal steps needed to deliver possession at closing.
• After a court order, coordinate with the county sheriff for enforcement of removal when a judgment for possession is entered.

Where to get help

– For statute lookup and official text: Kentucky Revised Statutes.

– For court procedures and forms: Kentucky Court of Justice.

– Consider contacting a local attorney experienced in real estate, landlord-tenant law, or ejectment/forcible detainer actions for help with filings and court appearances.

Disclaimer: This article explains general information about Kentucky law and common practice. It is not legal advice. Consult a licensed Kentucky attorney about your specific situation before taking action.