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Kentucky Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Someone (I think my brother) has got the deed to our land out of our locked gun safe. What can I do?

I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More

Anthony M. Avery
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answered on Mar 6, 2024

The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More

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 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.

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Kentucky on
Q: Can I have my neighbors dog removed, or them fined for the damages inflicted on my vehicle ?

I live on a dead end drive out in the county, very last house, there are 2 other neighbors that we all share the drive way. Our property has been there since 1967, long before the other 2 houses where added to the drive. My neighbors dog has inflicted $6,000 in damages to my vehicle by just driving... View More

Timothy Denison
Timothy Denison
answered on May 26, 2023

You’ll need to sue them in the circuit court of your county of residence for the $6,000 damages arising from the dog.

1 Answer | Asked in Contracts and Land Use & Zoning for Kentucky on
Q: Hello, I had a hunting lease the last few years and we backed out after issues.

The property is owned by a conservation company and they kept doing work every dear season and they always told us they was done but then would do more work at inconvenient times. We didnt sign a contract this year but i had sent a check to secure the property. Things went south and we pulled out.... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2023

If you didn’t sign a contract there is no agreement for this year absent an oral contract if you agreed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: We bought land in Ky and was not informed about a cell tower or easement leading to it. What can I do?

Cell company will not pay royalties and say a road splitting our land is an easement. None of this is on our deed.

Anthony M. Avery
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answered on Apr 5, 2022

You must search your title first, then the tower's. If no conveyances or easements are found benefitting the cell people, then hire a very competent KY attorney to sue for Ejectment, Trespass, Breach of Warranties, amongst other causes of actions. The road may be a Prescriptive Easement... View More

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Kentucky on
Q: I own a mobile home that sets on my step fathers dads land. My step grandfather passed away about 3 months ago.

My question is, can I move into the mobile home that is legally mine until the probate is done?

I was told by my aunt that the land will most likely go to the state to pay off the rest of his bills from the nursing home.

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

You need to check with the executor or trix of the estate and get permission. Otherwise, you may have to move the mobile home as it is considered personal Property in Ky, not real property.

2 Answers | Asked in Criminal Law, Communications Law, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: I live in a apartment have rented this apartment for over a year. Today I was walking I took short cut and walked across

The neighboring apartment building the one directly beside mine. As I was doing so a couple of the people over there came out cussing me trying to fight me saying I was trespassing. I kept walking saying i was sorry I didn’t know and didn’t mean to upset anyone, while they continued to... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 2, 2021

Technically it could be considered criminal trespass in the third degree if there are clear signs that this is private property or that you are in a housing development or section 8. If you were not charged by the police you likely don’t have anything to worry about.

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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... View More

Anthony M. Avery
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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... View 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...

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1 Answer | Asked in Business Formation, Estate Planning and Land Use & Zoning for Kentucky on
Q: I would like to start an Airbnb on my grandmas property in Frankfort KY. I have called division of planning and zoning

For a license she said that county doesn’t approve those yet but multiple people have Airbnb’s there they just “look the other way.” So my question is from a legal standpoint what documents and insurance would I need at this point and how do taxes work for this situation so I won’t get in... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2020

Evidence of ownership, proof of insurance and a tax I’d number both federal and state.

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.

1 Answer | Asked in Land Use & Zoning for Kentucky on
Q: My family owns about 150 acres of land and some people are trying to take it. what amendments should i consult?
Timothy V. Kassouni
Timothy V. Kassouni
answered on Dec 20, 2012

It is not clear who is trying to "take" your property and how. If the government wants to take your land, it will have to pay you just compensation under the Fifth Amendment. The government's power to do this is called eminent domain. To learn more about eminent domain visit... View More

1 Answer | Asked in Land Use & Zoning for Kentucky on
Q: Can a county or city retry a person for a planning and zoning ordinance after being tried and dismissed the first time.
Timothy V. Kassouni
Timothy V. Kassouni
answered on Dec 20, 2012

Generally the rules of res judicata and collateral estoppel would prevent the government for trying to litigate the same issues more than once.

To speak with a land use lawyer to have your matter assessed, consider calling our offices for a consult at (877) 770-7379 or contact us through our...
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