The owner of land may maintain the appropriate action to recover damages for any trespass or injury committed thereon, or to prevent or restrain any trespass or other injury thereto or thereon, notwithstanding the owner may not have the actual possession of the land at the time of the commission of the trespass.
KRS 381.230
Possession unnecessary in action for trespass
Applied in 2 court decisions — leading case Goins v. Catron (1945)
Most recently applied in Rhoades v. Bennett (May 1948)
Effective: October 1, 1942 History: Recodified 1942 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.