Plover, WI asked in Real Estate Law for Kentucky

Q: Are deed and/or survey required for someone to sell land in Kentucky?

Or in another way, can a seller be required to provide proof of land area and ownership prior to finalizing a sale agreement? I am looking to purchase and have found a property I like but the seller is claiming they have no paperwork, deed, or survey and that I have to finance a survey or purchase with cash only. They said "the land has been in our family over 100 years and we believe it to be about 44 acres".

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1 Lawyer Answer
Anthony M. Avery
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A: If you really want to purchase that tract, then: hire an attorney; survey the tract; have the attorney determine heirship and who has paid taxes; have attorney create a legal description from survey and a derivation of title clause, in preparation of the Deed; get Deed executed by all interested parties which will probably be numerous and in various Counties/States; and only pay out the purchase price at the closing table where all tenants in common convey to you. If the property is not worth the trouble, then walk away. If you do not plan on improving the tract then you might pay a very small sum for a quit claim deed and start paying taxes, but your title will be almost worthless for many years.

You would be buying a probably lawsuit since Deed would not be from all owners and might be champertous.

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