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Kentucky Real Estate Law Questions & Answers
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... View More

Anthony M. Avery
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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... View More

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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... View More

Anthony M. Avery
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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... View More

Anthony M. Avery
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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... View More

2 Answers | Asked in Contracts and Real Estate Law for Kentucky on
Q: Can you sell a piece of land on line? Like can I buy land from my son he is Ky Iam in Fla.

Can it be done thru the mail with a notary stamp?

Timothy Denison
Timothy Denison
answered on May 10, 2020

It can’t be fine on line but it can be drone through the mail.

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1 Answer | Asked in Civil Rights and Real Estate Law for Kentucky on
Q: My boyfriend and I mortgage a house together, both of our names are on the deed.

His daughter recently got guardianship over him what will happen to the house does his daughter have rights can she kick me out will I lose the house or is the house mine where she has guardianship over him does he have any rights to our home

Timothy Denison
Timothy Denison
answered on Apr 24, 2020

You are either joint tenants in common or joint tenants with rights of survivorship, depending on the deed. You both still own it together in some fashion.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Is it a requirement in Kentucky to have to close on a home within 6 weeks after signing a purchase contract?

We would prefer to wait 90 through 120 days. Is this possible? If so, how?

Vincent Gallo
Vincent Gallo
answered on Apr 21, 2020

I would suspect that the terms of the contract would govern when the closing will take place.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Purchasing Real Estate from LLC, and a Member passes away before closing

We are under contract to purchase properties from a a Kentucky LLC. The members are a husband & wife. The husband passed away last week. How does something like this effect/delay a closing date?

Timothy Denison
Timothy Denison
answered on Mar 27, 2020

Depending on the structure of the LLC, and assuming decedents interests pass to his wife. You should be able to close on time or with a short delay. However, if decedents interests pass to someone other than his wife, that’s could be problematic.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: 2020 Kentucky requirements on a quit claim deed?my dad is transferring / giving me 2.31acres and I'm doing it online.

He has land that has been decided. Now they are separate. He is giving me the lesser acred price of land. 2?31 acres. I'm doing it online because I can afford a lawyer. As far as description of property. I have Book:*** Page:*** Map Number-091-00-00-000.00 Class-Residential Property... View More

Anthony M. Avery
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answered on Mar 10, 2020

You have no idea what you are doing. Your legal description is unenforceable. Hire an attorney to draft an enforceable conveyance, or forget about it. If you cannot afford a QCD then you cannot pay taxes either.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: If my timeshare deed was never signed due to a mistake by the timeshare company, am I legally responsible to pay for it?
Michael Hales
Michael Hales
answered on Feb 18, 2020

A contract must be signed by the party against whom enforcement is sought. If you never signed the contract, you have an argument that you never agreed to the terms of the offer. The timeshare company, however, may have arguments that you did agree (i.e., making payments after closing). I'd... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I am under contract on a house (that has beginning stages of mold found after inspection). We put in a contingency

In our offer that it must pass home inspection. Inspection was scheduled before the required date, but due to inspectors schedule, was completed after the required date, the seller agreed to this date. Since mold is present and the home must have a new roof, we do not wish to continue with the... View More

Vincent Gallo
Vincent Gallo
answered on Feb 17, 2020

From what you stated, it appears that a lawsuit for the termination of the contract and the return of the deposit may be your only solution.

2 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Much has been given to my son. Real estate, automobiles, cash, and farm land adjoining my current farm .

He now has the small tract of farm land up for sale. Is there any legal way to stop such activity ? He is currently going through divorce and ran wife off, so he could take up with a married lady. Am wondering if there is some type document that can be filed for the return of equity that he has... View More

Nina Whitehurst
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answered on Feb 12, 2020

The thing about gifts is you can't take them back. The best you can do now, if you have other children or beneficiaries, is make sure your clearly takes into account these prior gifts as advances against his inheritance.

Just FYI, had you hired an attorney before making those gifts,...
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1 Answer | Asked in Federal Crimes, Libel & Slander, Employment Law and Real Estate Law for Kentucky on
Q: If a former property manager violated KY statues, with misconduct and negligence but had assistance, how would you proce

I have received a verified complaint, and have filed a verified request for dismissal. How would you proceed to file suite against a former property manager and her accomplices for financial damage done to the LLC?

Timothy Denison
Timothy Denison
answered on Feb 10, 2020

Many more facts are necessary to answer this question. I would consult a tenants rights attorney in your area and lay the facts out for them.

1 Answer | Asked in Personal Injury, Real Estate Law and Civil Rights for Kentucky on
Q: I put on a video one night, when my downstairs neighbor was being disruptive. I end up having a seizure.

I have since had multiple seizures since the first one. My neighbor continues to be regularly disruptive. I have involved management and as far as I know, he was sent a letter about my noise complaint. I missed several work days due to some seizures. I am also now considering legal ways to break my... View More

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

Doubtful you can break the lease unless management agrees to let you out of it.

2 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Kentucky on
Q: If 3 people own a property equally, can 2 override 1 in decision making?

I recently inherited a home, barn and 25 acres equally with my 2 cousins. My aunt and uncle have been staying there for over a year (since Sept 2018 remodeling their home in town). Frankly, I'd like to put them out, but I've been told by several people that majority rules. I don't... View More

Timothy Denison
Timothy Denison
answered on Jan 18, 2020

You have a one third undivided interest in the property. If the three of you cannot agree, you can file suit to either sell the property or buy the two cousins out.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Kentucky on
Q: Can I take my dead fathers land from two people that I found out wasn’t biologically his kids?

When he died a percentage of his land went to me, my half brother & my 2 siblings. I found out recently that the 2 other siblings aren’t biologically his. My dad and mom were married but my mom cheated on my dad multiple times. He wasn’t aware the kids weren’t his. He died suddenly, so no... View More

Timothy Denison
Timothy Denison
answered on Dec 29, 2019

You’d have to file a will contest action against them. Could be expensive with no guaranteed measure of success.

1 Answer | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: I bought a home through realtor. The sellers sold a piece of land separate. Come to find out my septic field is on it..

The sellers sold land separate, as my loan would not cover the cost of the separate lot too. We had a septic company come to pump tank and its on the other property. The sellers claim they didn't know.. What do I do?

Timothy Denison
Timothy Denison
answered on Dec 14, 2019

You will have to sue the sellers for the damages.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Kentucky on
Q: My husband and I recently relocated to London Kentucky, we bought some property, one the deed.

Our deed and pictures showed 3.7 acres, with a creek and a waterfall. Well we had our property survided so that we could put a fence up. Well we just got our report and it only was surveyed at 2.4 acres. We feel we were misrepresented. Do we have any legal rights?

Timothy Denison
Timothy Denison
answered on Nov 22, 2019

Possibly. Depends on the contract for sale and description and other documents. You may have an actionable fraud claim against the sellers.

2 Answers | Asked in Contracts and Real Estate Law for Kentucky on
Q: I am scheduled to close on a home next week. I am unhappy with the lender and want to cancel the whole deal. Can I?

I made an offer on my first home last month. Everything from that moment with my lender has been a mess. No communication, inaccurate information, snide comments, 3 weeks for a VA appraisal, etc. I've told my realtor that I can't be comfortable with this lender anymore and want to cancel... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2019

Yes. Just notify everyone in writing that you are canceling the transaction.

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1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Financing contingency: "Maybe cash or conventional loan"

I have a real estate contract that has the following financing contingency: "Maybe cash or conventional loan". If the buyer can't get a loan, is the contract still valid for cash?

Thanks for the answer of "Yes" to the first question, but now a follow on question...... View More

Timothy Denison
Timothy Denison
answered on Jul 10, 2019

Yes.

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Kentucky on
Q: How do I prove ownership of stray animals I saved while leasing a house? Owner of house now claiming ownership...

I leased a house w 5 acres a barn in Bourbon County, KY. I found a starving cat and dog wandering the premises and took them in. I provided all vet- care-de worm, flea meds, rabies, micro chip & all required vaccines. The cat has been in my home since Dec 2017 and the dog since Oct 2018. I... View More

Timothy Denison
Timothy Denison
answered on Feb 9, 2019

Possession and vet records should do the trick. Possession is 9/10 of the law and vet records are the other 1/10.

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