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The numbering system of units shall be adequate to easily distinguish each unit, including those built at different times. Joint owners of private passway to share costs. At the end of that sixty (60) days the tenant shall abandon the premises without demand or notice, or stand in the same relation to his landlord that he did at the expiration of the tenancy aforesaid; and so on from time to time until he abandons the premises, is turned out of possession, or makes a new contract.Exclusive Possession: The Benevolent Wife Season
Life Insurance Policies. 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. The fees shall be paid in advance, and shall be taxed as part of the costs of the party filing the notices in the action, attachment or execution. CIT Group/Consumer Finance Inc. (In re Wilson), 2007 Bankr. Clerk to record tax lien, KRS 134. Meade, 244 Ky. 718, 51 S. 2d 974, 1932 Ky. LEXIS 504 ( Ky. 1932), overruled in part, Townsend v. 1964). Where testator devised his property to his widow for life, with remainder to his daughter with further provision that if daughter "shall predecease me, or die after me, without issue, " the estate should go to other persons, it was held that the contingent remainder to others could take effect only if the daughter died before the termination of the widow's life estate and, if the daughter survived the widow, her estate became an absolute fee. State Bank v. 1927). While the tenancy in common exists, each unit owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his or her unit. If possessor's entry was forcible, having been made upon the possession of a tenant for a term, the landlord, after expiration of the term, upon demand and refusal, may maintain forcible detainer proceedings against such occupant. If, after the provisions of this section are applied, there are no other heirs-at-law, beneficiaries, or joint tenants of the decedent as to all or part of the interest forfeited, the forfeited interest shall escheat to the state under KRS Chapter 393. Forcht v. Forcht Bank, N. A., 533 S. 3d 695, 2017 Ky. LEXIS 269 (Ky. Exclusive possession: the benevolent wife of man. 2017). This section does not supersede KRS 28.
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The common-law right of survivorship in joint tenancy was abolished by this section but tenancy by entireties of husband and wife remained as at common law until the enactment of KRS 381. Where obscure words are contained in a will, the quest is for intention of the testator's mind, but where they are contained in a deed or contract, a bilateral instrument executed for a consideration, the court must seek the intention of both the grantor and the grantee and, in such a case, the doubts in relation to character of title are resolved in favor of passing entire title. If units may be added to or withdrawn from the condominium, the declaration shall state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal. Proof of notice under this section need not be by direct testimony, but may be established by all degrees and grades of evidence, including circumstantial evidence. A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of fourteen (14) years and to the successor custodian and by delivering the custodial property to the successor custodian. Remainders are contingent when the estate is limited to take effect either to a dubious and uncertain person or upon a dubious and uncertain event. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. The generally established rule in this state is that a partition may generally best be had of a tract of mineral land by a sale on the ground of indivisibility. An option upon real property was such an estate as was subject to sale and mortgage.Exclusive Possession: The Benevolent Wife Stories
The law favors that construction of doubtful terms which creates a vested, rather than an uncertain, estate. Lantrip, 170 Ky. 81, 185 S. 514, 1916 Ky. 1916). Nditional Sales Contract. Where will devised property to testator's son and daughters as tenants in common, with provision that upon death of any of devisees "without issue" his interest should pass to survivors, the phrase "without issue" meant without surviving issue. As used in this subsection: (1) (a) As used in this subsection: - The statutory guardian of an infant or guardian or conservator of a person adjudged mentally disabled may file or unite in the petition, in the names of, and in conjunction with such infant or mentally disabled person; and, if the petition be against an infant or mentally disabled person the guardian or conservator may appear and defend for them; if they fail to do so, the court shall appoint a discreet person for that purpose. From all the facts and circumstances known to him at the time in question he has reason to know that it exists. A custodian shall: - Take control of custodial property; - Register or record title to custodial property if appropriate; and. Farmers Coop., Inc. What is Exclusive Possession of the Marital Home. Jordan, 440 Fed. Where testator placed property in trust to maintain school for indigent girls but, because of decrease in value or trust assets, school could not be maintained and property was used merely as home for indigent girls, such departure from terms of trust did not work a forfeiture in favor of testator's heirs.Exclusive Possession: The Benevolent Wife Of Man
Mohan & Byrd, You Cannot Change 500 Years of Property Law at 5:00 P. on a Friday — Dower as Applied in Kentucky., 33 N. 335 (2006). American Christian Mission Soc. Circuit court erred by concluding the residence passed to the widow in fee simple at the husband's death by survivorship inherent to a tenancy by the entirety; legally, they continued joint ownership of the residence as tenants in common after their divorce, and upon the husband's death, his one-half ownership interest passed to his heirs at law or beneficiaries under his will, while the wife retained her one-half ownership interest in the property as a tenant in common. Custodian's expenses, compensation and bond. In all cases where a loan is secured by a real estate mortgage, the mortgage originally executed and delivered by the borrower to the lender shall secure payment of all renewals, extensions, or interest rate modifications of the loan and the note evidencing it, whether so provided in the mortgage or not. A conservation easement shall not be transferred by owners of property in which there are outstanding subsurface rights without the prior written consent of the owners of the subsurface rights. Kerrick v. LEXIS 972 ( Ky. 1925). 9207 or by the declaration relating to the retained special declarant rights and arising after the transfer; and. For making such notation on the record the clerk shall be allowed a fee pursuant to KRS 64. Harlow, 276 Ky. 799, 125 S. 2d 726, 1939 Ky. LEXIS 594 ( Ky. 1939). Ventura Hotel Co. Pabst Brewing Co., 109 S. 354, 33 Ky. Exclusive possession: the benevolent wife game. 149, 1908 Ky. LEXIS 347 (Ky. 1936). Where mother and daughter were devised estate as joint tenants and the mother died before the testator, daughter and her brothers took mother's share by operation of law. Expenses for removal and relocation of any grave or cemetery under the provisions of this section shall be paid by the individual requesting such removal or if the removal is made in the best interest of the county the expenses shall be paid from county funds.Exclusive Possession: The Benevolent Wife Game
Scroggins v. Nave, 133 Ky. 793, 119 S. 158, 1909 Ky. LEXIS 231 ( Ky. 1909). In applying this section and KRS 381. Exclusive possession of the matrimonial home has many benefits and can provide a huge advantage in a divorce case. 130, an amendment to KRS 382. Such easement shall be created in writing and shall be an interest in real property that may be acquired and transferred and shall be subject to the same recording and conveyancing requirements, except that a solar easement shall not be acquired by prescription. Register For This Site. It is the policy in this state to make all interests in or claims to real estate the subject of sale or devise by will. At any time upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. All the provisions of the law, including this section, KRS 382. Tolbert v. See Johnson v. Hall Hotel Co., 306 Ky. 140, 206 S. 2d 490, 1947 Ky. 1947). 382, which would include any defect in recording a power of attorney pursuant to KRS 382.
Kentucky Law Survey, Weinberg, Graham and Stipanowich, Modernizing Kentucky's Uniform Commercial Code, 73 Ky. 515 (1984-85). Some housing authorities authorize their executive directors to file and proceed with forcible detainer actions on behalf of the housing authority in the absence of a licensed attorney; trial courts, however, are not at liberty to circumvent or evade the rules and statutory provisions by turning a blind eye to the requirements for the sake of expedience. Easements appurtenant pass with the land to which they are appurtenant without mention in the deed. Short title for KRS 381. Compensation shall be determined in accordance with what will constitute just compensation to the owner of the shafts, slopes, passageways or entries for the use thereof, and not on the basis of an actual taking of the land. 450 must be read together to determine whether a judgment creditor had a lien on real property superior to grantee, and where judgment creditor, without actual notice of grantee's claim, had execution levied against debtor's property and lis pendens notice filed before grantee's deed was recorded, the judgment creditor had a claim superior to grantee and could have the debtor's land sold to satisfy his debt. The grantee of the landlord is not a stranger within the meaning of KRS 383.
Deeds to be fraudulent against existing debts and liabilities of person paying consideration, KRS 381. Sons, under mother's will, took a defeasible fee or vested remainder in land, to which they, collectively, could convey a fee-simple title. In a forcible detainer proceeding the warrant should show that the defendants, tenants of the complainant, now hold against him. This section changed the rule that when a deed is made conveying land to one and the consideration is paid by another, a trust results in favor of the latter. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent (50%) of the votes on that board are present at the beginning of the meeting.
Dishman v. Marsh, 278 Ky. 21, 128 S. 2d 235, 1939 Ky. 1939). The affixing of the federal documentary stamps to a deed prior to its being recorded by the clerk is unnecessary and not a condition precedent to its acceptance by the clerk. When a lis pendens notice is sufficient in form, and is filed in the proper office, the party filing it will be protected, although the clerk may fail to discharge his duty in connection with it and the fact the clerk indexed it under the wrong alphabetical letter or that purchaser's attorney did not put him in possession of facts within his knowledge or that his attorney was not diligent and the purchaser did not have actual knowledge will not help him. Lisle, 132 Ky. 767, 117 S. 264, 1909 Ky. LEXIS 149 ( Ky. 1909). An assignee of purchase notes did not waive his lien by accepting personal security, unless it was so intended. Where father changed bank accounts to joint accounts with daughter under written instrument giving each the right to draw on accounts and expressly providing that on death of one the accounts should become the absolute property of the survivor, the daughter was entitled to balance in accounts on father's death, notwithstanding parol testimony that father intended merely to give daughter right to draw on accounts during his lifetime. 332, 7 L. 876, 1830 U. LEXIS 481 (U.
Possibility of Reverter. Failure to provide a certificate does not void a deed to a purchaser. Young, 109 Ky. 123, 58 S. 592, 58 S. 593, 1900 Ky. 1900). If such alien resides within this state he may take and hold any lands for the purposes of residence, or of occupation by him or his servants, or for the purpose of any business, trade, or manufacture, for as long as he remains a resident of the state. Wrongful failure to supply essential services. Chenault, 192 Ky. 81, 232 S. 391, 1921 Ky. 1921). Discharge of levy upon execution of bond — Appraisement. Since the justice is required to return the papers and proceedings to the Circuit Court upon filing of a traverse and bond within the requisite time, the action of the justice in making such return to the Circuit Court creates a prima facie presumption that the traverse and bond were filed before him within the requisite time and failure to indorse them as filed afforded no ground for dismissal.