Kentucky Real Estate Legal Questions

It depends on what kind of lien it is.  If it is a judgment lien, it will automatically encumber subsequently acquired real estate in any county where the judgment lien is properly recorded.  A judgment lien is generally effective for 15 years.   Other types of involuntary liens (such as property tax liens) or contractual liens (such as mortgages) will generally only encumber a specific property and will not automatically encumber other subsequently acquired properties.  ... Read More

Record the deed.  Title passed when the deed was signed, not when it is recorded.  I am assuming the deed gave you and your husband title with right of survivorship.  If that is the case, you become the sole owner.  If there is no survivorship, you will either have to have your husband's interest pass to you through probate of his will, or if he died inestate (without a wlll) by an affidavit of descent to be recorded in the real estate records.  ... Read More

Covenants and restrictions placed on real estate remain enforceable indefinitely, unless all property owners subject to said restrictions agree to the change or the restrictions are found to be illegal.   If the deed to him referenced the deed book and page number containing the restriction to "hay and grassland only", then he took title subject to that restriction and has no recourse other than to ask all persons benefiting from the restriction to release him or, if he is unable to do that, he will have to file a lawsuit in Circuit Court of the county where the land is located.  In order to prevail, all of the present owners of the properties which benefitted from the original restriction would have to be made parties and he would have to convince the court that there is a reason that the restriction should be released, i.e., it no longer is relevant or is discriminatory.  ... Read More

This is a very unusual thing.  In most states (I would have though all states), the payment of someone else's taxes would yield the payor no benefits -- it would amount to a gift to the owner of the property.  Does Kentucky have some peculiar law that somehow allows the payor to gain some advantage?  You should confer with a good real estate lawyer in your area for an answer.  It would be worth a modest conference fee to learn whether you have been disadvantaged in any way because of the payment.  I cannot imagine how you could have been disadvantaged.... Read More

I think there are two questions here.  One is whether a landlord can refuse to renew a lease even when all payments were made under the lease.  Yes.  The other question is whether the landlord is going through the proper procedures in the effort to evict.  Each state will have its own unique laws setting out the necessary notices, etc that must precede an eviction suit.  If there is a genuine belief that those procedures are not being followed, your daughter should consult a good real estate lawyer in her area.  As an aside, there are practical implications that need to be considered here.  Even if the landlord has failed to follow precisely the rules that govern eviction procedures, it will probably be costly to fight the process in court.  Is it worth the cost of litigation (time, money and energy) to try and retain the place knowing the landlord and at least some of the neighbors are not happy with her being there?  Even if she succeeds in stopping the present effort, the landlord, if he/she elects, can still refuse to renew the lease at the end of the lease term.   ... Read More

It is very important to look at the deed that established the joint ownership in grandfather and great aunt.  If they owned it with right of survivorship, the last to die owned it all at the time of their passing, and that person's will controls who inherits it.  In the absence of a will, the state statute determines who inherits from that person.  On the other hand, if they owned the property as tenants in common, each owned an undivided one-half interest and each passed that share to their own beneficiaries through their own wills (or state stature in the absence of wills). Powers of attorney normally expire with the death of the principal who signed it.... Read More