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Kentucky Real Estate Law Questions & Answers
0 Answers | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: We got sold land that the previous owner sold part of to the state as they are widening the road

We are out of a good chunk of land that we paid for, is there anything that can be done?

2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More

Anthony M. Avery
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answered on Sep 26, 2024

It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More

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0 Answers | Asked in Real Estate Law for Kentucky on
Q: Is it time for me to get a different lawyer?

Took the sellers of my home to arbitration and I got a lawyer to work it on contingency. Settled before arbitration but they defaulted on the agreement after a month. Talked to lawyer and said they would reach out to opposing side but said it might need to go to circuit court. After couple weeks... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Am I able to get my retainer fee refunded

Real estate case that lawyer did contingency on. Settled before arbitration but defendants have defaulted on agreement back in January. Lawyer said it would probably need to go to circuit court, said soon too before defendants might. Spent three months after trying to talk to him more about it... View More

Timothy Denison
Timothy Denison
answered on Sep 20, 2024

You should get an accounting for all services rendered. Any fee earned for work already performed is not recoverable. Any unearned monies should be refunded to you.

1 Answer | Asked in Real Estate Law and Civil Rights for Kentucky on
Q: I purchased a brand new home from DR Horton in Kentucky and the AC unit malfunctioned due to improper installation.

The AC unit flooded the area causing over $2,000 in damages. After contacting DR Horton warranty for over six weeks, they no longer answer the phone, respond to emails. The AC unit had problems during the building process. We have other concerns with the home. What options do we have?

James L. Arrasmith
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answered on Sep 19, 2024

You have a few potential options to resolve this situation. First, review your contract and warranty documentation to see what obligations DR Horton has regarding repairs and damages. It's crucial to have written proof of the issues and the attempts you've made to resolve them.... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this

Anthony M. Avery
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answered on Sep 11, 2024

Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: Is the selling agent required to inform the buyer in advance that they will be charging a selling agent flat fee?

My husband and I are purchasing a house in Kentucky. Today, two days before our closing date, while reviewing the closing disclosure document that sets forth all the buyer costs, we discovered a "selling agent flat fee" under the buyers' costs. Our realtor never informed us that his... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

Yes. They are. If it isn’t in your contract with the agent, you don’t owe the money.

1 Answer | Asked in Foreclosure and Real Estate Law for Kentucky on
Q: If a person is on a deed after death of mortgage holder with no will, who is responsible if the loan defaults

The spouse was not on the deed (married 2 months) and another individual was added to deed. Mortgage has been paid 3 years following death of loan holder

Anthony M. Avery
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answered on Jul 17, 2024

Being a grantee on a deed does not make you liable for a mortgage indebtedness. Who signed that note or his estate will be liable for the loan.

1 Answer | Asked in Family Law and Real Estate Law for Kentucky on
Q: Before my parents passed away they put their home and property in my name and my daughters name.

I've lived in the house for 3 years now and my daughter just moved in. She wants me to move out but I have paid the bills and taxes here since I've lived here. What rights do I have?

Anthony M. Avery
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answered on Jun 25, 2024

Hire a KY attorney to search the title and advise as to ownership. Apparently you are confused.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: What is a one percent deed?

My Eldercare attorney has told me I should do a one percent deed with my elderly father.

Timothy Denison
Timothy Denison
answered on Jun 18, 2024

Sounds like they are suggesting a life estate in the property be given up your father (which means he owns and remains in the property until he passes), with the remainder to you as her. Once your father passes, full ownership would vest in you.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I had my sprinkler running and water hit neighbors fence. Neighbor came into my property and turned off sprinkler.

I did not say anything when he was in his backyard after the incident. I know he turned off my sprinkler. Do I have a case? Can I call 911?

Timothy Denison
Timothy Denison
answered on Jun 14, 2024

No case. No damages. No 911. Maybe just move sprinkler back so as to not hit fence.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Sharing tree with neighbor on property line. If my neighbor hires an arborist to inspect it, am I required to help pay?

If my property line has a tree that is partially in my yard and my neighbors yard and one party wants to hire an arborist to inspect it, am I required to help pay even if I do not want to hire an arborist to inspect it?

Timothy Denison
Timothy Denison
answered on Jun 4, 2024

No. You are not responsible.

2 Answers | Asked in Real Estate Law and Estate Planning for Kentucky on
Q: Who would own abandoned property (a church) if the owner organization isn't listed with the IRS or secretary or state?

There is a church near me that has been abandoned for a while, it is listed as owned by itself (XYZ church)... but the organization (the church) isn't listed as existing with the state's bsuiness office or with the IRS. Who would therefore own it? And how could it be acquired?

Timothy Denison
Timothy Denison
answered on Jun 3, 2024

You would need to get the property address and run the title. The deed will tell you who the true owner of the property is. Then you can proceed from there.

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1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: How to I go about transferring a deed/title to a home into my name when it belongs to 8 others who don’t want it?

We have a family home that has yrs of back taxes due before it gets auctioned off. I’m interested in paying the back taxes as long as I can get the house in my name. Only issue is the owner is my great grandmother who passed away over a decade ago and had no will. So I’m guessing her 8... View More

Anthony M. Avery
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answered on May 16, 2024

You have a serious title problem. Hire a competent KY attorney to determine heirship, draft an Affidavit of Heirship, and then draft a Deed from all the other heirs over to you. Many heirs will want to be paid for their interests. Do not pay taxes unless you own it. Otherwise prepare to bid... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I purchased a property advertised as 23 acres and I wasn’t informed of a deed exception (-10 acres), what are my options

I purchased a property that was listed and advertised as 23 +\- acres in 2022. Before, during, and after closing no deed Exceptions were brought to my attention by the sellers or my real estate team. I found out there was this deed exception at my local tax office, and that I actually have 12 acres... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it appears that you may have grounds for legal action due to misrepresentation or failure to disclose important information about the property. Here are some potential options you can consider:

1. Contact the sellers: Reach out to the sellers...
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1 Answer | Asked in Real Estate Law for Kentucky on
Q: If my dad said I could have his house, and it is then deeded to me, does the contents come with it?
Anthony M. Avery
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answered on Apr 4, 2024

Deed only conveys real property. Personal property in a house is usually transferred by a Will legacy or an inter vivos gift. You may have to prove there was a gift, and if so, hire an attorney to defend you.

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Kentucky on
Q: Seller wants a 30 day lease back option after closing. Will seller have full tenant rights after 30 days or during?
Timothy Denison
Timothy Denison
answered on Mar 14, 2024

Depends solely upon the terms of the lease and whether that is permitted under the lease agreement.

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