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Kentucky Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Reference to old land surveys and deeds

If a neighboring property deed from 1908 has reference to bearings in an original survey in 1863, should any surveys performed thereafter be performed using the magnetic north declination in that same year? If a new survey was performed in 2011 using 1983 bearings and caused a defect in my new... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Declination is always a problem that is rarely addressed until a surveyor gets cross examined. Apparently it is the adjoining property's calls with the 1863 bearings, not yours. You and your predecessors have probably acquiesced to a ascertainable boundary over the years, and you probably... Read more »

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Kentucky on
Q: We have 498 Acres there is about 15 names on the property how could we sell the property? Do we need all 15 to sign of
Timothy Denison
Timothy Denison answered on Apr 5, 2021

Yes. You need all 15 to sell by agreement. Otherwise, just file suit to partition...

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1 Answer | Asked in Business Formation, Estate Planning and Land Use & Zoning for Kentucky on
Q: I would like to start an Airbnb on my grandmas property in Frankfort KY. I have called division of planning and zoning

For a license she said that county doesn’t approve those yet but multiple people have Airbnb’s there they just “look the other way.” So my question is from a legal standpoint what documents and insurance would I need at this point and how do taxes work for this situation so I won’t get in... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

Evidence of ownership, proof of insurance and a tax I’d number both federal and state.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Kentucky on
Q: My husband and I recently relocated to London Kentucky, we bought some property, one the deed.

Our deed and pictures showed 3.7 acres, with a creek and a waterfall. Well we had our property survided so that we could put a fence up. Well we just got our report and it only was surveyed at 2.4 acres. We feel we were misrepresented. Do we have any legal rights?

Timothy Denison
Timothy Denison answered on Nov 22, 2019

Possibly. Depends on the contract for sale and description and other documents. You may have an actionable fraud claim against the sellers.

1 Answer | Asked in Land Use & Zoning for Kentucky on
Q: My family owns about 150 acres of land and some people are trying to take it. what amendments should i consult?
Timothy V. Kassouni
Timothy V. Kassouni answered on Dec 20, 2012

It is not clear who is trying to "take" your property and how. If the government wants to take your land, it will have to pay you just compensation under the Fifth Amendment. The government's power to do this is called eminent domain. To learn more about eminent domain visit... Read more »

1 Answer | Asked in Land Use & Zoning for Kentucky on
Q: Can a county or city retry a person for a planning and zoning ordinance after being tried and dismissed the first time.
Timothy V. Kassouni
Timothy V. Kassouni answered on Dec 20, 2012

Generally the rules of res judicata and collateral estoppel would prevent the government for trying to litigate the same issues more than once.

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