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Kentucky Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: If I bought a farm with a private cemetery on it in Kentucky, do I have to allow more people to be buried in it?

A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?

James L. Arrasmith
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answered on Nov 20, 2023

In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account.

First, review the property sale agreement and...
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1 Answer | Asked in Real Estate Law for Kentucky on
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... View More

Anthony M. Avery
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answered on May 8, 2023

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... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can I put a lien on property that I sold with a verbal agreement?

I sold my grandson a house with a verbal agreement that he would pay $500.00 a month and deeded it to him. He made several payments and then he decided he didn't want to pay anymore. I have kept record of all the payments he has made. What can I do now?

Peter J. Weinman
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answered on Mar 16, 2023

Unfortunately, you have an uphill battle without a written agreement, like a promissory note. I'm going to assume (since you say it was a verbal agreement) you did not record a mortgage - which would have given you leverage (foreclosure). The fact that he made some payments is good... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Kentucky on
Q: My mother sold an acre of her life estate that my sister will get. The check was in my sister's name. But my mom got it.

The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... View More

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1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: What to do when a home marketed as one size turns out to be 500 sq ft less and only known to buyer at closing?

Can the buyer insist on renegotiating the sale price when the discrepancy is discovered upon inspection while preparing for closing? Is this considered deceptive advertising?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... View More

2 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Kentucky on
Q: Hypothetically Is there a way to take over someone’s home and loan, (including loan interest rate)

hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 22, 2022

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request...
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1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Kentucky on
Q: My daughter has lived with a guy for 20 years.they have two children one still lives at home she is 15.can her boyfriend

force her to leave.dose she have any clame on the house

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: My Bank gave me original Deed of a house I have not paid mortage for, do I still have to pay for the house?
Anthony M. Avery
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answered on Nov 23, 2022

If you signed a Note and a Mortgage or Deed of Trust, then you have pay the lender or it will Foreclose. If you did not get a Deed, then you are not the Notemaker and Mortgagor. Only when the Note is Released of record do you not pay anymore.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

1 Answer | Asked in Real Estate Law and Tax Law for Kentucky on
Q: If property is sold to someone and they do not have it recorded in county clerk office

You have them to get this out of your name and there is tax's owed against it in your name what is my rights

Anthony M. Avery
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answered on Oct 26, 2022

The tax owed is a lien against the land, not the owner personally. Owner's name is listed so he gets a tax bill. Notify the County taxing authorities of the change of ownership, but do not be surprised nothing changes until the deed is of record.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Kentucky on
Q: Can my landlord say she won’t send a maintenance worker to my apartment due to illness?

I emailed my landlord regarding my kitchen sink being clogged and unusable. My landlord emailed me back stating: “We heard you are sick, if this is true pending on the illness I won’t be able to send someone into your apartment.” So, when maintenance comes she doesn’t let them fix my sink.... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Probably not but the best course is to call her directly, tell her you are not sick and reschedule the sink t repair. Litigation not necessary in this instance.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can a executor of a estate force the sale of a homestead bequithed to his son if he owns other real property

The other property was gifted to the executor and she only wants to be able to keep more of her interest with no concern of homestead.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

Yes. She can.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Unclaimed property in Kentucky

I live in Kentucky and I’m trying to fill out an unclaimed property form. The money is a sum of $5,000 and it’s from my dead dad. On the form it ask for the Co-owner signature. What does that mean?

Anthony M. Avery
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answered on Aug 2, 2023

Without a Will being Probated, the next of kin of the Decedent take the personal property. All next of kin will have to sign as co owners. You might need a KY attorney to determine their identity and draft an Affidavit.

2 Answers | Asked in Criminal Law and Real Estate Law for Kentucky on
Q: Trash company took a can from my property that I've had for 1.5 years without my knowledge. Trespassing and theft?

Originaly a waste management can. Was on property when I bought the house in 2022. I tool ownership of the can since it was left behind and have been using it for trash pickup with another company for almost a year and a half. Yesterday that can mysteriously went missing from my driveway

Leland Hulbert
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Leland Hulbert
answered on Jul 11, 2023

I don’t think you’re going to find any prosecutor that will charge them with criminal trespass. I would contact the company if you want to get some relief.

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: What am I able to do if home seller breaches contract and "doesn't want to sell their home" now?

Located in Kentucky. I went under contract to purchase a home for $250,000. After appraisal, the property was valued at $240,000. I also paid for an appraisal asking for the home value after significant remodels and renovations were done. That appraisal came in at $320,000. The seller has... View More

Anthony M. Avery
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answered on Jun 27, 2023

Consult with a KY attorney about suing for Specific Performance. Hopefully you were ready to execute the contract. If you win, you have to have the money to purchase the home the Court says you can buy. Other damages are doubtful.

1 Answer | Asked in Criminal Law, Real Estate Law and Constitutional Law for Kentucky on
Q: After seeing the apartment upstairs remodeled, the guy renting the restaurant downstairs decided he wanted the apartment

I had a verbal agreement with the lady that if the person running downstairs did not want the unit she would let me remodel it . She didn't want him to back out of the lease for $3,400 a month so she gave him a key to my apartment and let him proceed with getting me arrested six times in 22... View More

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

Most likely the statute of limitations has run for anything occurring during Covid or 2 1/2 years ago. You may want to consult a civil rights attorney to be absolutely sure.

1 Answer | Asked in Real Estate Law, Municipal Law and Gov & Administrative Law for Kentucky on
Q: We live in the country in Ky, this group of outfitters bought and old church and want to make it a lodge for the hunters

Also an event center, the ground and the building has 10 restrictions, can they still do it. Should only be a church

Anthony M. Avery
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answered on Apr 19, 2023

Hire a KY attorney to search the Title. If there is a reverter clause, then the grantor's heirs might now own it. It will require a difficult Quiet Title Action to get Title. Best course is to have the last Trustees of Church AND grantor's Heirs sign a Quit Claim Deed as grantors.... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Kentucky on
Q: A house was never transferred on parents death (10+ years ago) to the children. What is required to make that happen

Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?

Timothy Denison
Timothy Denison
answered on Mar 15, 2023

You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Neighbor had partial survey done in 2006. Surveyor did not establish correct corner or calls per our deed

We have a recent survey showing correct call. What recourse do we have?

Anthony M. Avery
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answered on Feb 20, 2023

Hire a competent KY attorney to file a Boundary Line dispute. Otherwise over time you will acquiesce to their new boundary line.

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