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

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: purchasing under land contract what should I do about my piece and neighbors pieces of land?

I am purchasing a piece of land in ky under land contract and i found out my section and my neighbors sections arent platted out but we are all buying a piece off one main land what should we do because when it is paid for how is the land owner going to transfer title to everyone? We initially... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2020

You should have each piece surveyed and divided into tracts. Each piece of land will require a separate description. If you don’t survey it now, you are headed for legal trouble later.

2 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: How do we get out of a life estate?

A family member left her son a life estate and upon his passing left it jointly to myself and my brother and then to each of our children. The problem is the current life tenant struggle with both up keeping a very large farm and also financially struggles to pay the taxes due on it. Him, myself... Read more »

Timothy Denison
Timothy Denison answered on Sep 4, 2020

If the current life tenant wants to sell, and both remainder men are in agreement, just sell it to a purchaser. OnCe all three of you sign a deed, the life estate is extinguished and the property can be conveyed.

View More Answers

1 Answer | Asked in Real Estate Law and Estate Planning for Kentucky on
Q: Can a man and woman (married for 35 years) leave house, 10 acres, and belongings to her child and not include his kids?

My father and stepmom bought 10 acres and built a house on it about 10 years ago. They revealed to me that the house and property will go to stepsister instead of splitting it between all kids. The property is in Kentucky.

Timothy Denison
Timothy Denison answered on Aug 23, 2020

Yes. They can do as they wish. Children have no right anything.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I signed a contract on my house when I sold it stating that I would moved out in 14 days need more time

the real estate agent for extension she refused to help we r disabled what r my options

Timothy Denison
Timothy Denison answered on Aug 17, 2020

You’re pretty much stuck if you’ve already closed. Also depends on the penalty for breach of contract. You might try contacting the sellers directly and asking them.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My husband and I had a trust made in2001 and then bought property in ky in2002. The trust wasn't recorded and now my hus

My husband and I had a trust made in 2001 and bought property in ky in 2002. The trust wasn't recorded but the deed states Robert and rose husband and wife now in2019 he passed away with both our wills states the other receives all property. Now I'm trying to sell it and atty states that... Read more »

Timothy Denison
Timothy Denison answered on Jul 23, 2020

Have a real estate attorney review everything and he can tell you how to clear the title.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Four siblings own a property, One sibling resides there. Is there an agreement for this? Do they have different rights

We are trying to make guidelines for them to pay property taxes, etc. In lieu of rent. Since they are the residential owner do they have any additional rights or ownership? No one wants to sell the property but an agreement is not being made verbally. Just trying to find structure.

Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2020

Tenants In Common own undivided interests in the property. There are no rules about who pays what or maintains. During Partition Suits, sometimes contributions are claimed for reimbursement. You all can make a partnership agreement amongst yourselves, then each partner could sue to enforce it.

2 Answers | Asked in Contracts and Real Estate Law for Kentucky on
Q: Land contract seller trying to evict me.

The seller after a yr told me the contract wasn't valid because the type of loan he had on it. He later tells us his wife at the time intended on me remodeling it and then listing and. Selling it. Now he calls me telling me he has to sell it because he is divorcing, and he's listing it. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 2, 2020

A so called land contract is actually a lease with option to purchase. You do not own anything. It will take awhile for the eviction process to remove you from possession. But do not invest any more money and labor in the property, while looking for somewhere else to live. You may get the... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Kentucky on
Q: My husband and I bought a home with my sister in October 2019

We share a kitchen and a dining room. My husband and my children And I live on the second floor and she lives on the first. Since then she has taken on a friends three kids and got upset because I wouldn’t raise them for her. Now she has left the property for a month or two while we “figure out... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 23, 2020

You probably need to file an Action For A Sale For Partition. Hopefully there is sufficient equity in the property to make it work. You did not state what the Title was, but with equity, Partition should work.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Hello, I am currently a business owner leasing a building. How can I find out who actually owns the property for sure ?

The previous landlord had passed away in the year of 2014. Her son had signed a new lease with us. Till this day the property tax still comes under his mother's LLC. It has been more than 5 years, how long can it take to register the property under his name if he is the only son ? I have been... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 19, 2020

If you really want to know then hire a competent attorney to conduct a title search. More than likely he has never filed an Affidavit of Heirship, nor has there been a Probate of a Will. If it was foreclosed upon, or a tax sale occurred, you probably would have already been notified by the new... Read more »

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.