§ 382.010 Estate — Owner may convey — When deed or will necessary
§ 382.020 Deeds of release
§ 382.030 General warranty — Words that constitute
§ 382.040 Special warranty — Words that constitute
§ 382.060 Conveyance to dead person vests title in his heirs
§ 382.070 No lien unless unpaid consideration stated
§ 382.075 Uniform Real Property Electronic Recording Act — Recording of electronic document — Electronic signature — Powers and duties of county clerk
§ 382.076 Paper copy of electronic record relating to real property — Certificate — Notice — Exception for plats, maps, and surveys
§ 382.077 Immediate recording — Priority of documents
§ 382.080 Recording of conveyance for longer than five years and of marriage agreement
§ 382.090 Recording of options or offers to sell
§ 382.100 Contracts for sale of real property may be recorded
§ 382.110 Recording of deeds and mortgages — Place of recording — Use of certified copies of original records — Contents of deed — Filing of deed in lieu of foreclosure — Time for filing deed
§ 382.120 Real property acquired by descent — Requirements for conveyance of — Indexing — Clerk’s fees
§ 382.130 When deeds executed in this state to be admitted to record
§ 382.135 Statement of consideration or market value and mailing and in-care-of addresses required in deed to real property — Exceptions — Affidavit of personal representative — Clerk prohibited from filing noncompliant deed
§ 382.150 Recording of deeds executed in foreign country
§ 382.160 Certificate of acknowledgment or proof of deed
§ 382.170 Recording of deeds executed according to laws of United States
§ 382.180 Instrument in foreign language — Recording of
§ 382.200 Cross-index of conveyances — Filing and recording chattel mortgages, financing statements, and security agreements
§ 382.205 General cross indexes — Adoption and maintenance
§ 382.210 General index of real property records in courthouse districts — Contracts for indexing work
§ 382.220 General index of real property records in counties containing urban-county government or city with population of 20,000 or more — Contracts for indexing work
§ 382.225 Duties of county clerk as to general indexes in certain counties containing city with population of 20,000 or more
§ 382.230 Conveyance not void because of error of clerk — Validation of prior certification and proof
§ 382.240 Delivery of recorded instruments — Destruction of unclaimed instruments
§ 382.250 Acknowledgment before deputy clerk — Duty of clerk
§ 382.260 Deed not legally lodged for record unless tax paid
§ 382.270 Instruments not valid against purchasers or creditors unless acknowledged or proved — Exemption for instruments otherwise lodged for record
§ 382.280 Order in which deeds and mortgages take effect
§ 382.285 Purchase money deed of trust or mortgage granted by the purchaser — Priority over prior lien
§ 382.290 Recording of mortgages and deeds retaining liens — Assignment — Discharge — Form of record — Clerk’s fee
§ 382.295 Recording master form for mortgages — Incorporation by reference of contents
§ 382.297 Amendment of recorded mortgage by affidavit of amendment
§ 382.300 Duty of clerk concerning instruments lodged for record — Reproduction of clerk’s signature on photographic copy
§ 382.310 Clerk may complete acknowledgment and record of predecessor
§ 382.320 Clerk may correct errors and omissions of predecessor
§ 382.330 Instrument not to be recorded unless date of maturity shown — Exception
§ 382.335 Certain information to be included in instruments in order for them to be recorded
§ 382.337 Filing of affidavit to correct or supplement certain information contained in deed
§ 382.340 Mortgages executed by public utility corporations — Recording — Effect
§ 382.350 Removal of property from land covered by lien
§ 382.360 Discharge of liens by deed or mortgage — Assignment of mortgage — Effect
§ 382.365 Release of lien, with notice to property owner, within thirty days of satisfaction — Assignments of liens — Proceeding against lienholder in District Court or Circuit Court — Liability of lienholder when lien not released or notice not sent — No
§ 382.370 Power of attorney to convey or release property — Recording — Revocation
§ 382.380 Statement of amount and maturity to be filed before additional securities are issued
§ 382.385 Mortgage on real estate to secure payment of sums due under line of credit or revolving credit plan — Priority of liens — Mortgage amendment — Release of lien
§ 382.430 Instrument constituting lien to give mailing address of lienholder
§ 382.440 Memorandum of actions affecting real property to be filed
§ 382.450 Memorandum of attachment or execution to be filed
§ 382.460 Notice to be endorsed, recorded and indexed — Fees
§ 382.470 Discharge of notice — Fees
§ 382.480 Filing of federal liens
§ 382.490 Discharge of federal liens
§ 382.500 Clerk’s fees for filing
§ 382.510 Lis pendens notices concerning proceedings in bankruptcy
§ 382.520 Renewal, extension, interest rate modification, or additional loan under mortgage on real estate — Superiority of lien — Release of lien, when
§ 382.792 Definitions for KRS 382.792 to 382.796
§ 382.794 Private transfer fee obligations prohibited — Liability for damages and costs — Buyer’s waiver of rights void
§ 382.796 Conspicuous notice of all fees and obligations to be included in real estate purchase contracts — Civil remedies — Buyer’s waiver of rights void
§ 382.800 Definitions
§ 382.810 Creation — Acceptance and recordation necessary — Duration — Preexisting property interest
§ 382.820 Actions affecting easements
§ 382.830 Validity of easement
§ 382.840 Applicability and effect
§ 382.850 Transfer of easement — Effect on mining operations and on eminent domain powers
§ 382.860 Application and construction — Uniformity of interpretation
§ 382.990 Penalties
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Terms Used In Kentucky Statutes > Chapter 382 - Conveyances and Encumbrances

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • 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.
  • 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.
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • City: includes town. See Kentucky Statutes 446.010
  • 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.
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • 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
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • 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.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • 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
  • 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).
  • Month: means calendar month. 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives 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
  • Personal property: All property that is not real property.
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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.
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • 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.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Year: means calendar year. See Kentucky Statutes 446.010