Possession unnecessary in action for trespass

KRS § 381.230, under TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION.

KRS § 381.230

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.