§ 381.010 Commonwealth vested with ultimate property to lands
§ 381.020 Titles allodial and subject to escheat — Right of eminent domain
§ 381.030 Death of disseizor — Effect
§ 381.040 Estates may commence in future
§ 381.050 Estate created by conveyance to husband and wife — Will not to defeat right to the entirety by survivorship
§ 381.060 Fee simple created, when — Possession vests in grantee
§ 381.070 Estates tail converted into estates in fee — Limitation on
§ 381.080 Construction of “without heirs,” “without children” or “issue” in deed or will
§ 381.090 Construction of “estate for life, remainder to heirs.”
§ 381.100 Contingent remainder
§ 381.110 Alienation or union of estate does not affect remainder
§ 381.120 Joint tenants — Partition — Death of one
§ 381.130 Exceptions to KRS 381.120
§ 381.135 Court-appointed commissioners to determine division of land jointly held and allotment of dower or curtesy — Survey requirement
§ 381.136 Life tenants and their descendants — Partition
§ 381.140 Posthumous child may take estate in remainder
§ 381.150 Conveyance of greater estate than grantor owns — Effect
§ 381.160 Purchaser evicted by heir of grantor may recover to extent of estate inherited
§ 381.170 Consideration paid by other than grantee — Effect
§ 381.190 Sale of realty by trustee by virtue of pledge or deed of trust
§ 381.200 Deeds construed to include buildings and appurtenances — Solar easements
§ 381.210 Reversion may be sold — Rights and duties of purchaser
§ 381.218 Abolition of fee simple determinable and possibility of reverter
§ 381.219 Termination after thirty years of rights of entry created after July 1, 1960
§ 381.221 Termination and preservation of forfeiture restrictions created before July 1, 1960
§ 381.222 Exceptions to KRS 381.219 and 381.221
§ 381.223 Application of KRS 381.218, 381.219, 381.221, 381.222, and 381.223
§ 381.224 Rule against perpetuities abrogated
§ 381.225 Permissible period of power of alienation under trust — Future interest
§ 381.226 Applicability of KRS 381.224 and 381.225 to property interests and powers of appointment — Construction of provisions requiring vesting within period provided by common law rule against perpetuities
§ 381.230 Possession unnecessary in action for trespass
§ 381.231 Definitions
§ 381.232 Liability for certain injuries
§ 381.240 Title to land in adverse possession not to be certified
§ 381.250 Certification prohibited when more than one patent
§ 381.260 Grants-in-aid of charity valid
§ 381.270 Gift to charity not defeated for want of trustee
§ 381.280 Forfeiture of right to property for killing or victimizing decedent — Exemptions — Escheat to elder and vulnerable victims trust fund
§ 381.290 Rights of alien intending to be naturalized
§ 381.300 Realty of nonresident alien liable to escheat after eight years unless he becomes citizen
§ 381.310 Spouses and children of citizens — Property rights
§ 381.320 Alien’s right as to personalty — As to realty if resident
§ 381.330 Nonresident alien — Rights as to real property inherited
§ 381.340 Nonresident alien — Distribution of property on death of
§ 381.350 Waste by tenant for life or years — Forfeiture — Damages
§ 381.360 Remainderman or reversioner may bring action for waste
§ 381.370 Action by heir for waste done in ancestor’s lifetime
§ 381.380 Waste by seller before delivery of possession
§ 381.390 Waste by joint tenant
§ 381.400 Damages when waste wantonly committed
§ 381.410 Action against representative of tenant — Revivor
§ 381.420 Waste committed while action pending — Receiver — Injunction
§ 381.430 Possession of minerals and other interests in land — Effect on possession of surface
§ 381.440 Excavations in a city of the first class and consolidated local government — Protection of adjacent property
§ 381.450 Tenants may remove improvements from city lots, when
§ 381.460 Occupant in good faith to be paid for improvements
§ 381.470 Proceedings to ascertain value of improvements
§ 381.480 Oath of jurors
§ 381.490 Inquest — Proceedings — Duty of court
§ 381.500 Assessment of damages
§ 381.510 Inquest may be quashed and new writ awarded
§ 381.520 Witnesses — How summoned
§ 381.530 Copies of inquest — Fees of sheriff
§ 381.540 Trial on return of inquest — Rents
§ 381.550 Lien of occupant
§ 381.560 Judgment for lien satisfied if all land taken
§ 381.570 Growing crop
§ 381.635 Right of condemnation of underground passageway to mine
§ 381.636 Findings required by commissioners in condemnation of underground passageway — Basis of compensation — Immediate possession
§ 381.640 Joint owners of private passway to share costs
§ 381.650 Enforcement of payment of joint expenses
§ 381.660 Condemnation for underground water pipes
§ 381.670 Owner’s consent required for certain routes
§ 381.680 Person condemning land may enter it, when
§ 381.690 Protection of burial grounds by cities
§ 381.697 Cemeteries maintained by legal owners
§ 381.710 Evidence of dedication or use of land as burying ground
§ 381.715 Burial rights in cemetery lots — Abandonment — Resale by cemetery
§ 381.720 Abandoned cemetery in cities — Proceedings to vest title in city
§ 381.730 Notice of suit
§ 381.740 Assertion of claim to compensation for value of interest in cemetery or lot
§ 381.750 Judgment — Removal of bodies and monuments
§ 381.755 Removal of grave or cemetery on application of landowner or county — Procedure — Expenses
§ 381.760 Cost of proceeding — Burden of proof
§ 381.765 Disinterment, removal, and reinterment of graves by Commonwealth, political subdivision or electric power company; Removal by licensed funeral director
§ 381.767 Contracts exempt from KRS 381.765
§ 381.775 Voluntary agreement with property owner for demolition or removal of dilapidated building
§ 381.780 Removal of open toilets in urban-county government, city of the first class, or city of the home rule class — Lien on property for cost of removal
§ 381.785 Definitions for KRS 381.785 to 381.801
§ 381.786 Planned communities subject to KRS 381.785 to 381.801 — Filing of declaration
§ 381.787 Establishment and organization of planned community — Board of directors — Declaration or bylaws — Removal of board member
§ 381.788 Declarant control period — Surrender of declarant’s control
§ 381.789 Access to owners’ lots by agents of association — Responsibility for damage
§ 381.790 Budget — Assessments — Insurance — Financial records
§ 381.791 Amendment of declaration — Termination of declaration and association — Amendment of bylaws
§ 381.792 381.792 Required provisions in declaration or bylaws — Meetings — Notice — Quorum
§ 381.793 Quorum — Open board meetings — Standards for board directors
§ 381.794 Financial records — Financial report — Standards for report
§ 381.795 Examination of records by owner
§ 381.796 Assessment for common expenses — Increase — Interest and late fees
§ 381.797 Elements of assessments for each lot — Notice of charges — Special assessments — Claimed breach of fiduciary duty — Annual budget
§ 381.798 Compliance by persons with ownership interest
§ 381.799 Association’s continuing lien — Validity and priority of liens
§ 381.800 Display of political yard signs
§ 381.801 Short title for KRS 381.785 to 381.801
§ 381.805 Short title
§ 381.810 Definitions for KRS 381.805 to 381.910
§ 381.815 Establishment of a condominium property regime
§ 381.820 Conveyance of units — Recordation
§ 381.825 Joint or common ownership
§ 381.827 Requirements for subdividing units
§ 381.830 Ownership of unit — Use of general common elements
§ 381.835 Recording — Requirements of master deed or lease — Record of floor plans
§ 381.837 Master deed exceptions
§ 381.840 Individual deeds — Contents
§ 381.850 Waiver of regime — Effect of encumbrances
§ 381.855 Subsequent reestablishment of regime
§ 381.860 Administration of building
§ 381.870 Maintenance — Pro rata contribution — Adjustments
§ 381.875 Exemptions
§ 381.883 Lien for unpaid assessments — Foreclosure — Suit
§ 381.885 Insurance
§ 381.890 Destruction — Reconstruction
§ 381.897 Individual and common liabilities for injuries or damages
§ 381.900 Tax assessments — Individual liability — Forfeiture or sale
§ 381.905 Interpretation of KRS 381.805 to 381.910
§ 381.910 Planning and zoning
§ 381.9101 Short title for KRS 381.9101 to 381.9207
§ 381.9103 Application and construction of KRS 381.9101 to 381.9207
§ 381.9105 Definitions for KRS 381.9101 to 381.9207
§ 381.9107 Variation by agreement
§ 381.9109 Separate assessments, titles, and taxation
§ 381.9111 Applicability of local ordinances, regulations, building codes, or other real estate use law
§ 381.9113 Eminent domain
§ 381.9115 Supplemental general principles of law applicable to KRS 381.9101 to 381.9207
§ 381.9117 Construction against implicit repeal of KRS 381.9101 to 381.9207
§ 381.9119 Purposes and policies of KRS 381.9101 to 381.9207 — Kentucky Condominium Act to be liberally construed
§ 381.9121 Severability of invalid provision or application
§ 381.9123 Obligation of good faith
§ 381.9125 Creation of condominium
§ 381.9127 Unit boundaries
§ 381.9129 Construction and validity of declaration and bylaws
§ 381.9131 Description of units
§ 381.9133 Contents of declaration
§ 381.9135 Leasehold condominiums
§ 381.9137 Allocation of common element interests, votes, and common expense liabilities
§ 381.9139 Limited common elements
§ 381.9141 Plats and plans
§ 381.9143 Exercise of development rights
§ 381.9145 Alteration of units
§ 381.9147 Relocation of boundaries between adjoining units
§ 381.9149 Subdivision of units
§ 381.9151 Easement for encroachments
§ 381.9153 Easement rights
§ 381.9155 Amendment of declaration
§ 381.9157 Termination of condominium
§ 381.9159 Rights of secured lenders
§ 381.9161 Master associations
§ 381.9163 Merger or consolidation of condominiums
§ 381.9165 Organization of unit owners’ association
§ 381.9167 Powers of unit owners’ association — Emergency assessments
§ 381.9169 Executive board members and officers
§ 381.9170 Discharge of board member’s duties — Standards for monetary damages and injunctive relief
§ 381.9171 Transfer of special declarant rights
§ 381.9173 Bylaws
§ 381.9175 Upkeep of condominium — Expenses and income in connection with real estate subject to development rights
§ 381.9177 Meetings of the association
§ 381.9179 Quorums
§ 381.9181 Voting — Proxies
§ 381.9183 Tort and contract liability
§ 381.9185 Conveyance or encumbrance of common elements
§ 381.9187 Insurance
§ 381.9189 Surplus funds
§ 381.9191 Assessments for common expenses
§ 381.9193 Lien for assessments
§ 381.9195 Other liens affecting the condominium
§ 381.9197 Association records — Financial report
§ 381.9199 Association as trustee
§ 381.9201 Applicability of KRS 381.9201, 381.9205, and 381.9207 — Modification or waiver by agreement — Certificate not required in certain cases
§ 381.9203 Documentation to be furnished by seller of unit — Certificate
§ 381.9205 Release of liens
§ 381.9207 Declarant’s obligation to complete and restore
§ 381.930 Purposes of KRS 381.935 to 381.945
§ 381.935 Definitions
§ 381.940 Rules of construction for mineral deeds relating to coal extraction
§ 381.945 Written agreement in deed directing how surface to be reclaimed
§ 381.990 Penalties

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Terms Used In Kentucky Statutes > Chapter 381 - Title to Property and Restrictions On Use, Ownership, and Alienation

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Appropriation: means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure prescribed in KRS Chapter 48. See Kentucky Statutes 446.010
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes town. See Kentucky Statutes 446.010
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
  • Donee: The recipient of a gift.
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Legacy: A gift of property made by will.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 446.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal estate: includes chattels, real and other estate that passes to the personal representative upon the owner dying intestate. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testator: A male person who leaves a will at death.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Verdict: The decision of a petit jury or a judge.
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means calendar year. See Kentucky Statutes 446.010