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July 8, 2024, 4:21 pm
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A former lienholder that violates this subsection shall be liable to the owner of the real property for fifty dollars ($50) and any actual expense incurred by the owner in obtaining documentation of the lien release. Of Reversionary Right. Francis v. Vastine, 229 Ky. 431, 17 S. 2d 419, 1929 Ky. LEXIS 786 ( Ky. 1929). § 544(a)(3) to avoid a bank's mortgage because he would not have been a bona fide purchaser under state law. If such heir or devisee is a nonresident alien, the property of the deceased nonresident alien shall be held or disposed of within the period applicable to such alien as provided in KRS 381. Ratliffe v. Ratliffe, 182 Ky. 230, 206 S. 478, 1918 Ky. LEXIS 359 ( Ky. 1918). Mastin v. Mastin's Adm'r, 243 Ky. 830, 50 S. 2d 77, 1932 Ky. LEXIS 207 ( Ky. 1932). In re Kentucky Book Mfg. Who Has Exclusive Possession of My House. The benefits of exclusive possession are so good that it is often contested between spouses that are separating and requires an experienced lawyer's counsel. Such certified copy shall be recorded in the record of deeds and indexed in the general index of deeds in the name of the bankrupt, as grantor, and in the name of the trustee in bankruptcy or receiver (if any), as grantee. See Gannon v. Johnston, 243 U.

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Whitley Lodge of Knights of Pythias v. West, 293 Ky. 341, 168 S. 2d 1009, 1943 Ky. LEXIS 613 ( Ky. Exclusive possession of marital home. 1943). Where a will provided for a daughter of the testatrix a life estate, with remainder to the heirs of her body, this did not create an estate tail, but her children, who were the devisees of the remainder, took an absolute estate under the law. Because the defective mortgage was treated as though it was never recorded, the assignment of the mortgage to the creditor was outside the chain of title, and the mortgage was avoided pursuant to 11 U. A notary's certificate of acknowledgment upon a deed purports absolute verity unless attacked in the manner provided in KRS 61. 440, was inappropriate and ineffective to encumber a sale of the property to appellee. Where plaintiff landowners took title to property with knowledge of reservation by original owner of mineral rights to subsurface coal and mined the property for domestic use only, there was not sufficient repudiation of possessory trust for benefit of owner imposed by this section to establish adverse possession entitling them to title to the coal rights.

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Via, 225 Ky. 155, 7 S. 2d 1057, 1928 Ky. LEXIS 739 ( Ky. 1928). 136 rendered the judgment voidable, not void. Stevenson v. Brasher, 90 Ky. 23, 13 S. 242, 11 Ky. 799, 1890 Ky. 1890). Interest created by will devising land to children with provision a son would inherit daughter's share if she predeceased him and vice versa was held to be a contingent remainder and daughter could convey her interest in her brother's part. Wright v. Yates, 140 Ky. 283, 130 S. 1111, 1910 Ky. LEXIS 230 ( Ky. 1910). Violett's Adm'r v. Violett, 217 Ky. 59, 288 S. 1016, 1926 Ky. LEXIS 7 ( Ky. 1926). If the effect of an instrument is to sever the estate and invest the title to a certain part of it in another, it is a deed, regardless of what it is called. This section does not provide that real property, which has been held by a nonresident alien devisee for more than eight (8) years, shall pass to the testator's next of kin who are capable of inheriting, but leaves the common law rule in force, and under that rule only the state may question the right of an alien to hold real property. The emergency assessment provided for in subsection (3) of this section shall be made upon the vote of: - A simple majority of unit owners present at a special called meeting. Exclusive possession the benevolent wife season 2. A mere oral agreement is of no binding force whatsoever upon the seller. Cy pres doctrine has not been adopted to extent of supplying beneficiary or purpose, where objects are not expressed in will. Construction of chapter. A meeting of the association shall be held at least once each year.

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A second mortgagee with notice, actual or constructive, does not have priority over a first mortgagee by recording his mortgage first. Independent of Statute. Burchett v. Clark, 162 Ky. 586, 172 S. 1048, 1915 Ky. What is Exclusive Possession of the Marital Home. LEXIS 124 ( Ky. 1915). Proceedings upon failure to file appeal — Form and issual of warrant of restitution. This section, requiring lis pendens in order to affect right or title of subsequent purchaser of realty for value and without notice, is necessarily in order that proceeding or judgment may affect title of purchaser of realty involved in suit in state or federal court. Ecipitation of Remainders by Renunciation of Life Tenant. Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.

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A provision prohibited by subsection (1) included in rental agreement is unenforceable. A unit owner is not precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer of the association. The most a deed from life tenant and trustee could convey would be a life estate. See Adams v. Bates, 191 Ky. 710, 231 S. 238, 1921 Ky. 1921). Hucheson v. Exclusive possession: the benevolent wife of man. Ross, 9 Ky. 349, 1820 Ky. 1820). 130, and tenant is a "cropper, " a term applied to a person hired by landowner to cultivate the land, receiving for his compensation a portion of the crops raised but the entire ownership is in the owner of the land until division. Trustee in bankruptcy representing only antecedent creditors, none of whom acquired any equity in property prior to recording of mortgage, could not set aside mortgage as voidable preference because not recorded until within four months of filing of bankruptcy petition. Specialty Mortg., LLC v. Cmty. Flynn v. Fike, 291 Ky. 316, 164 S. 2d 470, 1942 Ky. 1964).

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Massingale v. 1921). For indexing and recording the affidavit, the clerk shall receive the same fees as are allowed for recording and indexing deeds. Bartee v. Edmunds, 96 S. 535, 29 Ky. 872 (1906). This section was amended by § 106 of Acts 1980, ch. A commissioner's deed, made pursuant to a judgment of a court having jurisdiction of subject matter and parties, is as effective to divest prior owner of his every interest in land as his own deed could be. When a deed is made to one (1) person, and the consideration is paid by another no use or trust results in favor of the latter unless the grantee takes a deed in his own name without the consent of the person paying the consideration, or unless the grantee in violation of a trust purchases the lands deeded with the effects of another person. Caldwell's Kentucky Form Book, 5th Ed., Answer to Forcible Detainer Complaint, Form 310. Clause in will giving residue to the Catholic Diocese at Louisville "for the education of young priests" did not disclose lack of specification of class of beneficiaries, within rule that one essential of trust for charitable purposes is that beneficiaries are uncertain, although they should be of class described in general language. A board member of an association shall not be considered to act in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (3) of this section unwarranted. See Ray v. Thomas, 140 Ky. 570, 131 S. 503, 1910 Ky. LEXIS 336 ( Ky. 1910). The deed of each individual unit shall describe such unit by making reference to the applicable master deed and floor plans required under KRS 381.

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Resulting trust for more than half of land did not result in favor of wife where land cost $775 and wife paid $425 and the balance was paid by the husband and wife knew the land had been conveyed to her and her husband jointly. Two (2) methods are given by law to secure liens upon crops to be raised in the future, (1) the one secured by this section, and (2) a mortgage lien created after the crops are pitched. Bequest for maintenance of burial lot of testatrix was for a humane purpose as provided by this section and was valid. 365(4), made mandatory by the word "shall" in accordance with KRS 446. Helton v. Asher, 103 Ky. 730, 46 S. 22, 20 Ky. 935, 1898 Ky. 1898). Every possibility of reverter and right of entry created prior to July 1, 1960, shall cease to be valid or enforceable at the expiration of thirty (30) years after the effective date of the instrument creating it, unless before July 1, 1965, a declaration of intention to preserve it is filed for record with the county clerk of the county in which the real property is located. Cannon v. Carr, 292 Ky. 793, 168 S. 2d 21, 1943 Ky. LEXIS 740 ( Ky. 1943). McCormick v. McDowell, 121 Ky. 832, 90 S. 541, 28 Ky. 854, 1906 Ky. 1906). Branham v. Malone, 367 F. 370, 1973 U. LEXIS 10785 (W. 1973), aff'd, 497 F. 2d 923 (6th Cir. Blackburn v. Piney Oil & Gas Co., 278 Ky. 191, 128 S. 2d 192, 1939 Ky. LEXIS 377 ( Ky. 1939).

This section merely dispensed with the necessity of using words of inheritance in a deed or will to create a fee and did not apply to a testamentary bequest of residuary estate to widow with power to appoint at her death to some fund that she might see fit. Evidence and lost records, KRS ch. In the case of an exchange of properties, the fair cash value of the property being exchanged shall be stated in the body of the deed.