‘I was just trying to be kind’: This Kentucky homeowner let his friends stay in his garage for months — then they claimed ‘squatters rights’ and got a court order to force him out of his home
The court's decision in Toma's case may have stemmed from several factors. When Sencuk applied for the protective order, he indicated Toma was a roommate — not the homeowner — so the nature of their relationship may not have been clear to the judge.
Additionally, Sencuk claimed he and Toma had an agreement that he would perform various maintenance and chores around the property in exchange for living in the garage, which may have seemed credible to the court. Toma denies this arrangement ever existed.
However, since the protective order was issued, Sencuk has moved out.
The guy never claimed "squatters rights," he sought a protective order against the other people in the house and lied to get it, then moved out before it was even issued
Per the article, takes 15 years of adverse possession to claim squatter's rights in KY. Order that got homeowner kicked out was a protective order that stemmed from a physical altercation between the "squatter" and one of the homeowner's roommates.
It takes 15 years of squatting to gain adverse possession. That is to gain ownership of the property, you have to live there for 15 years without the owner making an active effort to stop you.
In most states it's the opposite, the owner has to attempt to stop you and you have to hold it hostility.
Nebraska for reference
The squatter's presence and use of the property must be continuous, actual, visible, notorious, distinct, and hostile to the actual property owner's rights.
Meaning you must openly try to prevent the owners use and they most attempt to prevent yours.
Sencuk and one of Toma’s roommates got into a physical altercation, leading to Sencuk filing an emergency protective order against Toma. The judge granted the order, which forced Toma to stay 500 feet away from them — and his own home, effectively leaving him homeless.
But it was what happened. All because the courts believed Sencuk (the squatter).