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Fidelity & Columbia Trust Co., 73 F. 2d 446, 1934 U. LEXIS 2728 (6th Cir. Inc. Johnson (In re Cocanougher), 378 B. "Relative" means father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, daughter-in-law, grandparent, grandchild, stepparent, stepchild, or first cousin. Howton v. Roberts, 49 S. 190, 20 Ky. 1327 (1899). A creditor, bona fide or other purchaser, who has no actual notice of a pending suit to enforce a mechanic's lien may disregard a mechanic's lien which has been filed longer than one year where no lis pendens affecting the subject property appears of record during the one year period of limitations. Because of the critical impact of possession of a matrimonial home, a court order granting exclusive possession has far-reaching implications in your divorce. Exclusive possession of marital home. Commonwealth v. Elkhorn-Piney Coal Min. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.

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Courses and distances must give way to natural objects in a deed, if the natural objects are definitely located. Proceedings on judgments of circuit court. Although a deed may have been defectively acknowledged yet it was good between the parties and passed title from grantor to grantee, for as a general rule an unacknowledged deed passes title between the parties and those claiming under them although it is not a recordable instrument. 915, 97 S. 1326, 51 L. 2d 593, 1977 U. LEXIS 1036 (1977), which discussed broad form deeds and the status of the mineral rights under those deeds. Island Creek Coal Co., 297 F. 283, 1969 U. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. LEXIS 10855 (W. 1969). Street v. Cave Hill Inv.

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Clark v. McGrann, 274 Ky. 1, 117 S. 2d 1021, 1938 Ky. LEXIS 216 ( Ky. 1 938). Police courts in cities of sixth class having a population of more than 250 have the same jurisdiction as justices of the peace to issue and try warrants of forcible entry and detainer, under Const., § 143 and KRS 26. 255, § 264. ntract Liens of Landlord. Sale When Indivisible. When a certificate of discharge of any lien as provided by KRS 382. O'Shaughnessy v. Commissioner, 60 F. 2d 235, 1932 U. LEXIS 2491 (6th Cir. — Undisposed Remainder. A county fiscal court cannot enact an ordinance providing for mandatory recordation by lessees of all conveyances of less than fee simple title in oil shale since the recordation provisions have no basic causal connection with the statutory purpose of conservation and preservation of natural resources and flood control set forth in subdivisions (3)(h) and (3)(i) of KRS 67. While remaindermen owned a remainder interest in the subject property, they were free to transfer their interest and were also free to encumber that interest in the property with an easement without the consent and signature of the holder of a life estate interest in the property. Written agreement in deed directing how surface to be reclaimed. Cuyler v. Estis, 64 S. 673, 23 Ky. Exclusive possession: the benevolent wife is a. 1063 (1901). The county clerk shall be entitled to a fee pursuant to KRS 64.

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Official Translations: English, Japanese. Bonnycastle v. Lilly, 153 Ky. 834, 156 S. 874, 1913 Ky. LEXIS 925 ( Ky. 1913) ( Ky. 1913). Servation of Rentals for Life. Curacy of Description. Exclusive possession of marital residence. A deed of release must be executed in the manner provided in KRS 382. A clause in a will creating a trust fund to assist aged unmarried women, preferably teachers, so that their last days may not be made miserable by extreme poverty not only designates a class to receive the benefits of the trust but narrows the class to unmarried women who are aged, preferably teachers, and implies that they be poor and is a valid charity under this section. Fannin v. Fannin, 256 Ky. 273, 75 S. 2d 1042, 1934 Ky. LEXIS 375 ( Ky. 1934).

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Every deed, unless an exception is made therein, shall be construed to include all buildings, privileges and appurtenances of every kind attached to the lands therein conveyed. Bradshaw v. Dunlap, 217 Ky. 644, 290 S. 501, 1927 Ky. 1927). No mortgage, conveyance, or other instrument or writing constituting a lien or other security for any note or other evidence of indebtedness shall be received for record by any county clerk unless such mortgage, conveyance, or other writing gives a mailing address of the lienholder. Who Has Exclusive Possession of My House. Metropolitan Life Ins. "Children" is generally held to be a word of purchase, and to embrace immediate descendants only. Webb, 59 S. 858, 22 Ky. 1100 (1900).

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Gilmer, Current Developments in Resulting Trusts and Constructive Trusts in Kentucky, 42 Ky. 455 (1954). No votes allocated to a unit owned by the association may be cast. Where coal lease provided for payment of royalties during entire term of lease it created a binding contract lien since this section creating a lien for one (1) year's rent in no wise prevented parties from contracting for a further lien, and statutory lien did not affect contract lien which could be enforced although statutory lien did not exist. Karr, 255 Ky. 573, 74 S. 2d 937, 1934 Ky. 1934). The testator's heirs at law who took by purchase under his will were to be determined as of the date of the death of his daughter and not as of the date of testator's death where his will provided "If my daughter shall die without children or descendants then the estate herein devised for her use and benefit shall go to my heirs at law as the same would descend from me. " 290 and this section due to the absence of juxtaposition of the release, assignment or annotation with the instrument lodged for record. Where surface of land was capable of being divided fairly, the presence of coal seams and the probable presence of natural gas below the surface would not prevent partition in the absence of convincing proof that the coal and gas were capable of successful commercial development. Mortgagee was not required to secure a writ of possession in foreclosure suit where mortgagor agreed to surrender possession on stated dates and mortgagee suffered him to live on premises until those dates, since after mortgagee purchased the premises at foreclosure sale the relationship of landlord and tenant existed and consequently forcible detainer was the proper proceeding to obtain possession of the premises. Where three (3) separate tracts of land were conveyed by the same deed, although the greater portion of the three (3) tracts combined was situated in Union County but one tract was situated in Webster County, the deed to the tract in Webster County was properly filed in Webster County and afforded constructive notice. Gayle v. Greasy Creek Coal & Land Co., 249 Ky. 251, 60 S. 2d 599, 1932 Ky. LEXIS 888 ( Ky. 1932). Judgment quieting title interrupted all prior adverse holdings of the minerals under the land so as to deprive any subsequent adverse holder of the right to tack to his holding any such prior holding so as to complete the statutory period.

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Flinn v. Blakeman, 254 Ky. 416, 71 S. 2d 961, 1934 Ky. 1934), overruled, Warfield Natural Gas Co. 1940). Where the county clerk recorded an original deed, such that the recording was in exact conformity with the wording of the original deed, and where the original deed was then subsequently taken from the clerk's office and altered in the body thereof by the parties, the clerk would have no lawful authority to alter or amend, in any manner, the original recording of the deed in the clerk's office. Since the enactment of this section, the filing of petition seeking to enforce local improvement lien does not create a lis pendens notice, nor does an ordinance directing improvement of property or an ordinance charging the property with the cost of the improvement. A. in stated city after such an association should be properly organized was valid. Johnson, 272 Ky. 234, 113 S. 2d 1132, 1938 Ky. 1938). Sons, under mother's will, took a defeasible fee or vested remainder in land, to which they, collectively, could convey a fee-simple title. Where the first purchaser fails to record his deed, if another person without notice thereof innocently purchases the land and accepts a deed therefor, the latter's title will not be affected by the subsequent recording of the first deed even though prior in point of time. National Surety Corp. Massachusetts Bonding & Ins. Briggs v. Muir, Wilson & Muir, 204 Ky. 135, 263 S. 740, 1924 Ky. LEXIS 426 ( Ky. 1924). Hunt v. Phillips, 105 S. 445, 32 Ky. 257 (1907).

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Greenway v. Irvine's Trustee, 279 Ky. 632, 131 S. 2d 705, 1939 Ky. LEXIS 322 ( Ky. 1939). Excavations in a city of the first class and consolidated local government — Protection of adjacent property. A photocopy of a deed, mortgage, lease or other instrument, is not a recordable instrument within the literal and practical meaning of this section. See Limbach v. Bolin, 169 Ky. 204, 183 S. LEXIS 673 ( Ky. 1916) ( Ky. 1916). The procedure for condemnation shall be that set forth in the Eminent Domain Act of Kentucky. Capital Mining, Lumber & Oil Co., 153 Ky. 772, 156 S. 409, 1913 Ky. LEXIS 919 ( Ky. 1913). Individual deeds — Contents. The non-resident spouse does not compromise his ownership interests and the property remains as titled by both owners. Marshall, 78 S. 904, 25 Ky. 1785 (1904). 365, which was the version in effect at the time that the facsimile was transmitted, a facsimile transmission, if received by the recipient, constituted "written notice"; because the 2004 version of the statute does not define what constitutes "written notice, " only reasonable notice is required to be provided. Garrison (1901), 139 Ky. 728, 1901 Ky. LEXIS 3, 23 K. 295, 139 Ky. LEXIS 3. Forsythe v. Lansing's Ex'rs, 109 Ky. 518, 59 S. 854, 22 Ky. 1064, 1900 Ky. LEXIS 234 ( Ky. 1900).

The day of the judgment must be counted as the first of the three (3) days allowed for filing the traverse. Harmon v. Moss, 342 S. 2d 528, 1961 Ky. LEXIS 387 ( Ky. 1961). Comparative Legislation. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and KRS 383. No interest in the unit shall be conveyed until the master deed and floor plans have been modified as provided in this section. Recording statutes do not include street improvement liens. After informing the landlord of an intention to install a new lock, a protected tenant, at his or her expense, may install a new lock to his or her dwelling by: - Rekeying the lock if the lock is in good working condition; or. Elder, 2001: An End of Millennium Odyssey Through Tort Liability of Occupiers and Owners of Land, 28 N. 352 (2001).

A record purporting to convey or encumber real property or any interest therein that has been recorded by a clerk for the jurisdiction in which the real property is located, although the record may not have been certified in accordance with the provisions of this section, shall import the same notice to third persons from the time of recording as if the record had been certified in accordance with the provisions of this section. 270 which protected defectively acknowledged and previously recorded mortgages could not be applied retroactively to protect the mortgage from avoidance by the trustee, since such application would conflict with federal law which provided that the trustee's rights as a bona fide purchaser vested pre-amendment at the time the bankruptcy case was filed. The entry of a judgment awarding damages shall bar a subsequent action by any other person or entity to recover damages for the same violation. A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. Snow, 106 S. 3d 467, 2002 Ky. LEXIS 2328 (Ky. 2002). Where real property is sold by verbal contract, and the record title as well as the possession is left in the seller, the transaction is void as against creditors or purchasers for a valuable consideration without notice of the facts. Following termination of the condominium, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear. A forcible entry and detainer action is intended to be a summary action, with procedures clearly limited by the provisions of this chapter; a trial court cannot expand upon these procedures by ordering discovery pursuant to such an action. Meinshausen v. Friendship House of Louisville, Inc., 607 S. 3d 199, 2020 Ky. LEXIS 84 (Ky. 2020).

Although it was determined that a commercial property lessee had asserted no valid right, title, interest in, or claim to the disputed premises, as it had the right to maintain its notice of lis pendens throughout the pendency of the action pursuant to KRS 382. The court to whom the inquest is returned may, upon the motion of either party, for good cause, quash the inquest, and award a new writ as often as it is deemed necessary to the ends of justice. A unit owner may not revoke a proxy given pursuant to this section, except by actual notice of revocation to the person presiding over a meeting of the association.