Kentucky Statutes 367.4776 – Easement interest
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(1) Any natural person who purchases recreational and retirement use land for personal, family, or household purposes shall have an easement for the use of any common areas, undeveloped land, improvements, or amenities which are part of the development in which the person has purchased an interest or which are later added to the development. An individual person’s right to exercise this easement may be suspended for wrongful nonpayment of maintenance fees.
(2) The easement interest shall be superior to that of any other lien, encumbrance, license, or other interest in the real property.
(3) Any person who obtained or granted an encumbrance, lien, lease, license, or other interest in any of the real property upon which the development is located with actual or constructive knowledge of its intended use as recreational and retirement use land shall be estopped from denying the validity of the easement.
(4) Any waiver of this right to an easement shall be void.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 209, sec. 3, effective July 14, 1992.
(2) The easement interest shall be superior to that of any other lien, encumbrance, license, or other interest in the real property.
Terms Used In Kentucky Statutes 367.4776
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) Any person who obtained or granted an encumbrance, lien, lease, license, or other interest in any of the real property upon which the development is located with actual or constructive knowledge of its intended use as recreational and retirement use land shall be estopped from denying the validity of the easement.
(4) Any waiver of this right to an easement shall be void.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 209, sec. 3, effective July 14, 1992.