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Kentucky Real Estate Law Questions & Answers
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 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.

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.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Seller is refusing to uphold signed land contract, what can I do?

My grandmother in November 2023 sold me her house on land contract, we both signed. Per the agreement payments would start when deed transfer happened. Her children have now convinced her that she can get more by putting it on the market. I already live in the home, is there anything I can do to... View More

Timothy Denison
Timothy Denison
answered on Mar 4, 2024

Sure. You can file suit against her to enforce the agreement to sell.

2 Answers | Asked in Estate Planning, Real Estate Law and Legal Malpractice for Kentucky on
Q: Should an attorney preparing a will inform client survivorship clause in deed will nullify last wishes to give property?

My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2024

While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.

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1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I paid off lien on property. Creditor hasn't signed off after several attempts. How do I proceed?

Paid off completely $140k lien placed by seller. Have money order receipts for total amount. He's out of state. Sent a release certified mail three times. No response. Phone number I had is out of service. I don't even know if he's still alive.

How long will it take a court... View More

Anthony M. Avery
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answered on Jan 30, 2024

You need a competent KY attorney to file suit to Quiet Title, declaring the lien released. Have good proof of timely payments. Publication Service may be necessary. Certified Copy of Judgment is recorded to release the lien.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can we sell land in Breathitt County Kentucky without knowing all of the owners?

The land has been passed down from generation to generation. There are several owners and we cannot find a few of them. How would we be able to sell the land?

Anthony M. Avery
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answered on Jan 18, 2024

You will need a very good KY attorney to determine heirship. A Quiet Title action, and possible Ejectment, will probably be needed. A sale should be made by Quit Claim Deed only.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I have a question about rental payment confirmation emails.

A friend of mine paid my rent online for December and I received a confirmation email with the following "This email confirms we have received your one-time online payment." The email goes on to list a confirmation number, last four digits of the card, and payment amount. I have since... View More

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Yes. It is binding unless it did not go through for nsf or lack of credit.

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 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

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