Lawyers, Answer Questions  & Get Points Log In
Kentucky Real Estate Law 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 »

2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Signed a purchase contract, seller passed away, now what?

In the state of Kentucky, we signed a purchase contract for a piece of real estate and was set to close at the middle of June. The owner unexpectedly passed and we are unsure of his will, estate, or heir information. Is the purchase contract legally binding and are we still legally able to purchase... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 2, 2021

If the contract was enforceable against the decedent, then it is enforceable against his estate. You will need a probate attorney to help you work through this. The decedent’s estate will need a probate attorney, too. Things will progress much better and smoother if all parties have legal... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Real Estate Law for Kentucky on
Q: Are you entitled to a copy of something that you signed even if there is no date for a move-in date on it

They told her because it was not dated that she could not get a copy of it. Second part is they told her she could not move out even though her lease is up on 10 June she cannot move out until the new apartment is ready for her to move in meaning if it’s ready on the 15th she hast to stay there... Read more »

Timothy Denison
Timothy Denison answered on May 25, 2021

Yes. You are entitled to a copy.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I signed a contract to sell my house, is there any way to back out?
Timothy Denison
Timothy Denison answered on May 19, 2021

Depends on the terms of the contract.

1 Answer | Asked in Real Estate Law and Contracts for Kentucky on
Q: Do I have to give left over property to previous owner.

I have owned the property for almost a year now and the previous owner still hasn't retrieved anything off the ground but wants to try now after this long and I don't want him to have it now without compensation of some kind maybe even storage fees?

Timothy Denison
Timothy Denison answered on May 5, 2021

Depends on the circumstances under which the property was left on your premises.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: My father passed away inestate a year ago. My stepmother wants me to sign a quit claim deed.

It seems I was named on an affidavit of heirship. Does this mean I would be signing away my inheritance? My dad owned the land before they married, when he was married to my mother. My dad lived in Tennessee. I live in Lexington Ky.

Timothy Denison
Timothy Denison answered on Apr 21, 2021

Yes, you would. You should consults a lawyer regarding your share before you do anything.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Paying off old house mortgage. How can I give the title to the City in Kentucky?

I bought the house from my parents years ago. The foundation has become unsafe and I am not fixing it. The house was built in the 1900's. I am paying off the mortgage in June and do not want the house. Can I give the title to the city in Kentucky, even if they do not want it? If not, what are... Read more »

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

If you are paying the mortgage note, then why throw the money away? List the property for sale now. You should get some offers, quick. It may still be a loss, but you should recoup something and will probably make a profit, and have to pay capital gain taxes. If the taxes are not paid,... 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...

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Looking at Purchase. Owner(Husband) wants out. May be issue with an estate/probate. In Kentucky. Limited knowledge.

Current owner(husband) pays current mortgage. His wife passed away a few years ago. No will or estate/probate was done upon death. He wants to sell now. She was gifted real estate from family. They were married at the time of the gift. He just found out his name was not on deed to the real estate.... Read more »

Timothy Denison
Timothy Denison answered on Mar 29, 2021

Husband has a 1/2 curtesy interest in the real estate and a 1/2 curtesy interest in the personal property. He should immediately hire a probate attorney to assert his rights.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Can anything be done after a year of living in new home, but just now coming across problems.

My family has lived in this has for a little over a year during the inspection before the home was bought they made a list of problems that needed to be fixed, however they did not disclose information about a large hole in the wall that hid behind cabinets that the owners tried to patch with sheet... Read more »

Timothy Denison
Timothy Denison answered on Mar 23, 2021

Yes. If they failed to disclose the defects, you have a cause of action against them.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Do we have to move our fence if when we put it up we thought it was on our property line ?

Fence has been up for 18 years . The property next door has sold 4 different times no one has said anything until this last owner who had it surveyed . We're over the line by 4 inches . He says he wants to build a house and says our fence is keeping him from building it and putting a driveway... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Acquiesence generally needs at least 20 years to establish the Boundary. You might hire a competent attorney to approach them with a possible Boundary Line Agreement, with possible payment by you to them. It is up to them to file suit, and they will have a burden of proof to show encroachment.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Kentucky on
Q: Can an elderly person sell their home to family if they are already in nursing home paying privately?

Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... Read more »

Timothy Denison
Timothy Denison answered on Feb 26, 2021

Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Bought a home, previous homeowner was to get roof done per contract. Its been 5 months and they basically ran with cash.

The roofing company and my realtor been trying to call and no answer. The Roofing company actually did get ahold and said they the insurance company sent a check with her name and her deceased husband's name on it and would not be able to cash it. Since then, shingles have blown off my roof... Read more »

Timothy Denison
Timothy Denison answered on Jan 19, 2021

You will have to see them to get your money.

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

Hello my grandmother left a deed stating that her property was to go to my fathers heir. When my dad died his brother seized the bank account and property providing a faulty deed that stated my father was my grandmothers widow the person that supposedly prepared the document was disbarred. Is there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2021

Initially hire a competent attorney to search the title. He should also determine heirship and record an Affidavit of Heirship as the owner's source of title. Legal interpretation of Grandmother's Deed will be in order, and it may not create the estate you believe, which is probably... Read more »

1 Answer | Asked in Elder Law, Environmental, Personal Injury and Real Estate Law for Kentucky on
Q: Is the owner of a mobile home park responsible for draining water directly under my mobile home, causing black mold?

There are french lines draining water from the top of the park directly under my mobile home going from N to S, and also from the top of a high hill going under my home going W to E. They're visible, I have a swamp under my mobile home, which I own, and it is damaged by black mold due to this... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Kentucky attorney could advise best, but your post remains open for four weeks. At this point you could reach out to attorneys to discuss in greater detail. If you gathered your medical records, that would be valuable in a legal consult. If the engineer provided you with a report, that could also... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Landlord - Tenant for Kentucky on
Q: I rent from my dad. He already went into my roommates room without her permission and he is only giving us a week

Can he legally do this.

Timothy Denison
Timothy Denison answered on Oct 25, 2020

Depends on whether there is a written lease.

1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Kentucky on
Q: My taxes were bought by a 3rd party. I've mailed payment in full, they've failed to pick it up for weeks. What do I do?

Debt collector requires money orders. Payment has been waiting for them at usps for 15 days. USPS supervisor confirms that my money orders are there. The debt collector's office has been notified and I have contacted them to inquire why it hasn't been picked up with no concrete answer.... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2020

Not much you can do except wait for them to cash and release liens. Any other action on your part at this juncture would be too costly and premature.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Purchase a piece of property in Kentucky for and was in the process of selling it when title issues we discovered

I have title insurance. Title company admits to oversight. I made a claim. What is the company’s responsibility? Fear of losing buyer’s interest. I would never of bought property if I had known of issues

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Title Insurance does not have many covered risks. Hire an attorney to clearly state your claim under the Policy. Usually if the risk is covered, the Title Insurance Company will attempt to cure the title defects, but rarely pays out any money to the insured. If the Claim is denied, you might... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: can i sale my property before lifetime tenant death if lifetime tenant doesn't uphold responsibilities

My mother is lifetime tenant after her death it goes to me

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

No, you can only sell your remainder interest.. This assumes that there is indeed a life estate/ remainder deed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.