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Caldwell's Kentucky Form Book, 5th Ed., Complaint for Damage to Property Exceeding Security Deposit, Lease Expired, Form 309. If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. Collis v. Citizens Fidelity Bank & Trust Co., 314 Ky. 15, 234 S. What is Exclusive Possession of the Marital Home. 2d 164, 1950 Ky. LEXIS 1011 ( Ky. 1950). The law of distress is neither contrary to nor in conflict with the federal and state constitutions, as depriving the tenant of his property without due process of law.
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Retention of use of barns, yards, dwellings, orchards and gardens, in deed of mineral rights, was an exception and not a reservation, and excepted only use of surface. Hartig v. Schrader, 190 Ky. 511, 227 S. 815, 1921 Ky. 1921). Description of units. Slusher, 939 S. 2d 865, 1996 Ky. 1996), modified, 1997 Ky. LEXIS 41 (Ky. Mar. Washer's Ex'r v. Washer's Ex'rs, 143 Ky. 645, 137 S. 227, 1911 Ky. LEXIS 485 ( Ky. 1911). Vested remainderman was not estopped to prevent waste by life tenant by her silence while tenant prepared to commit waste, as tenant had constructive notice from records of remainderman's claim. Intent is not required in order for this section to apply. 2314, 2315, 2316: amend. International Harvester Co. Dyer's Adm'r, 297 Ky. 55, 178 S. 2d 966, 1944 Ky. 1944). To enable a vendee to recover for breach of general warranty of title, he must allege and prove that he has been evicted or that the vendor is insolvent or a nonresident. Exclusive possession: the benevolent wife will. Where new owner of property notified tenant to pay rent to her, and that former owner had no authority to collect rents, her failure to take further legal steps to prevent former owner from collecting rents, or to prevent tenant from paying rent to former owner, did not estop new owner from suing to collect rents. See Blackwell v. Blackwell, 147 Ky. 264, 143 S. 1010, 1912 Ky. LEXIS 203 ( Ky. 1912); Snyder v. 1924); Liberty Bank & Trust Co. Bimbas, 227 Ky. 643, 13 S. 2d 1001, 1929 Ky. LEXIS 938 ( Ky. 1929). — Absolute Fee to Survivor. Delivery of recorded instruments — Destruction of unclaimed instruments.
Trustee may, under power contained in deed of trust, mortgage property to secure money for taxes and liens on trust property without complying with this section. Changing the Locks Without a Court Order. A residential unit of a condominium may be a homestead as allowed in KRS Chapters 132 and 427. Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer; - A successor to only a right reserved in the declaration to maintain models, sales offices, and signs, if he or she is not an affiliate of a declarant, shall not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant; and. Exclusive possession: the benevolent wife of man. See Swift & Co. Campbell, 360 S. 2d 213, 1962 Ky. 1962).
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070 and not a life estate with remainder to her bodily heirs. A person nominated under KRS 385. Thereafter claimants shall have thirty (30) days in which to remove the mortal remains and monuments from lots to which they have been adjudged to have claim, the reasonable cost thereof to be paid by the claimant. Trustee in bankruptcy representing only antecedent creditors, none of whom acquired any equity in property prior to recording of mortgage, could not set aside mortgage as voidable preference because not recorded until within four months of filing of bankruptcy petition. Grant v. Collins, 157 Ky. 36, 162 S. 539, 1914 Ky. 1914). Francis Co. Lincoln Federal Bldg. When it appears, by express words or from the nature of the case, that grantor or testator intended to create a tenancy by entireties, the instrument will be so construed. Final settlement papers do not require the statement of authorship. Where there had never been any attempt to lease or develop coal and gas, and evidence indicated that coal and gas were not present in sufficient quantities to justify commercial development, it was proper to decree physical partition. A homestead right is not an estate in land, but is an exemption from execution; it can attach to any real property that can be seized under an execution and the nature or quantum of the estate in which the homestead is claimed is immaterial, as a fee-simple title is not necessary to the right of homestead. See Brooks v. Brooks, 104 S. 392, 31 Ky. The exclusive property of the wife. 969 (1907); Smith v. 1909); Wright v. 1910); Anderson v. Hart, 260 Ky. 237, 84 S. 2d 28, 1935 Ky. 1935). Any other income or property of the minor which may be applicable or available for that purpose. If the property is taken under execution or attachment, the officer shall, out of the proceeds of the property found on the leased premises and levied on or taken by him, make payment of the rent payable in money; in an amount equal to that for which the landlord has a lien under KRS 383. An allegation that defendants caused an attachment and distress to be issued and wrongfully caused said attachment to be levied on tenant's household goods alleged only the issuance of attachment and levy, and where there was no allegation that distress warrant was issued plaintiff could not recover on attachment bond.
Spendthrift trust whereby grantor's land was conveyed to trustee for grantor's life with provision that it should not be liable for his debts and that if effort was made to so subject it, it should go to his children, with remainder after grantor's life going to children, carved out of grantor's land two (2) estates: a life estate for grantor and a vested remainder to his children born or to be born. The party demanding the inquest shall pay to the sheriff, for his services, four dollars ($4), which shall be taxed in the bill of costs against the adverse party, if the court gives judgment for any amount against him. A deed to real property given by the United States District Director of the Internal Revenue Service (IRS), pursuant to a federal tax sale, did not "cut off" or discharge an unrecorded purchase money mortgage, where the purchaser at the tax sale had actual notice of the prior purchase money security interest. Where husband transferred property with the fraudulent purpose of defeating the lien adjudged by the court as a continuing obligation to his divorced wife, if the grantee participated in that fraudulent purpose the wife under KRS 378. Who Has Exclusive Possession of My House. If remuneration is to be provided to the county, terms and conditions describing the remuneration to be provided shall be included in the agreement. If the deputy of any county clerk takes the acknowledgment of a deed or other instrument, and writes thereon the certificate of acknowledgment, the instrument or deed, together with the certificate of the deputy, shall be recorded. Ji Shao's Two-Faced Beautiful Wife. After Termination of Office. Unless the declaration otherwise provides, fees, charges, late charges, reasonable collection costs, attorney fees, fines, and interest charged pursuant to KRS 381.
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A coal lease of five (5) years or less, to be good against a bona fide purchaser for value without notice, must be properly recorded in the county clerk's office. A forcible entry and detainer action is intended to be a summary action, with procedures clearly limited by the provisions of this chapter; a trial court cannot expand upon these procedures by ordering discovery pursuant to such an action. In the trial of writs of forcible entry, forcible detainer or forcible entry and detainer, if neither party, in person or by agent or attorney, demand a jury, the trial thereof shall be by the court. Additionally, debtor signed the mortgage using his wife's Power of Attorney even though she was not incapacitated as required by the Power of Attorney, and this fact was also known to the mortgage creditor; the mortgage was void ab initio and of no effect. Wheeler v. Layton, 617 S. 3d 830, 2021 Ky. App. Where rules and regulations of pipeline company required a division order to be executed so it could have a record showing to whom payment should be made, the division order did not operate as a conveyance of the unaccrued royalty since such a division order was separate and distinct from a conveyance of the royalty.
Taxes, assessments and other charges of this state, or of any political subdivision, or of any special improvement district, or any other taxing or assessing authority shall be assessed against and collected on each individual unit, each of which shall be carried on the tax books as a separate and distinct entity for that purpose, and not on the property as a whole. Oral consent of landlord does not protect a tenant from an action for waste. If the intention of the parties can be determined, it will control the construction of a written instrument though it is inaptly or awkwardly expressed or out of touch with other parts of the instrument. A rental agreement may not provide that the tenant: - Agrees to waive or forego rights or remedies under KRS 383. In the event the landlord shall not have received a response from the tenant within sixty (60) days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in his behalf. Card Creek Coal Co. Cline, 305 Ky. 473, 204 S. 2d 571, 1947 Ky. 1947). Mattingly, 96 Ky. 228, 28 S. 503, 16 Ky. 418, 1894 Ky. LEXIS 118 ( Ky. 1894). Winchester v. Watson, 169 Ky. 213, 183 S. 483, 1916 Ky. LEXIS 667 ( Ky. 1916). Upon foreclosure, tax sale, judicial sale, or sale under Bankruptcy Code or receivership proceedings, of all units and other real estate in a condominium owned by a declarant: - The declarant ceases to have any special declarant rights; and.
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092(1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. While it was not stipulated in deed that a lien was retained, it was sufficient under this section that deed stated what part of consideration remained unpaid, and lien was properly adjudged. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. This section clearly contemplates that, in suit for partition of real estate held jointly by infants and adults, the infants shall be parties to the proceeding, either as plaintiffs or defendants, in order to divest them of title. Thomas v. Stafford, 305 Ky. 559, 204 S. 2d 940, 1947 Ky. LEXIS 856 ( Ky. 1947). Unpublished decision: Court clerks had U. III standing to bring the action alleging violation of KRS 382. Any person whose spouse is a citizen of the United States, and any person whose father or mother, at the time of his birth, was a citizen thereof, although born out of the United States, may take and hold real or personal estate by devise, purchase, descent, or distribution.
A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. 1905); Lawson v. Todd, 129 Ky. 132, 110 S. 412, 33 Ky. 557, 1908 Ky. LEXIS 143 ( Ky. 1908); Belcher v. Ramey, 173 Ky. 784, 191 S. 520, 1917 Ky. LEXIS 521 ( Ky. 1917); Frey v. Clark, 176 Ky. 661, 197 S. 414, 1917 Ky. LEXIS 113 ( Ky. 1917). Edmonds, Some Aspects of Lateral Support in Kentucky, 39 Ky. 88 (1950). 06447P, 2009 U. LEXIS 6433 (6th Cir.
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A misnomer will not defeat an attempted reservation or exception. Fitzgerald, The Crazy Quilt of Commercial Law: A Study in Legislative Patchwork, 54 Ky. 85 (1965). In an adversary proceeding where the bankruptcy court found the debtor's liability to plaintiffs for willful and malicious damage to a rental apartment was nondischargeable, plaintiffs were entitled a statutory award of their reasonable attorney's fees because the debtor's breaches of the rental agreement and her statutory maintenance obligations were willful. After the form mentioned in subsection (1) of this section is recorded, any of the provisions of such master form instrument may be incorporated by reference in any mortgage of real estate situated within this state, if the reference in the mortgage states that the master form instrument was recorded in the county in which the mortgage is offered for record and states the date when and the book and page or pages where the master form instrument was recorded.
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It is a court process that the district court clerk should prepare the warrant or summons in actions for forcible entry or detainer. The right of survivorship in estates held in joint tenancy was abolished by KRS 381. The board of education of the school district in which property owned by an alien is situated may institute an action in the name of the commonwealth to escheat the property. The language in this chapter indicates that the term "cemetery" contemplates places where dead persons are buried; therefore, the trial court erred in extending the definition of cemetery to include a pet cemetery. If there is noncompliance by the tenant with KRS 383. 440 relating to lis pendens notices do not have the effect of invalidating execution liens.
Liens allowed attorneys under KRS 30. Youngs, A Compendium of Cases on Future Interests in Kentucky, 6 N. 51 (1979). Where the conduct between the parties and the circumstances under which property was purchased was sufficiently clear and convincing, a deed will be reformed and a trust established. A tenancy from month to month is not a lease for the term of one month or a letting by the month which is for a fixed term and for which no notice is required under this section but is a lease for an indeterminate period for which a 30 day notice is required and landlord's notice to "at once vacate premises" was insufficient to terminate tenancy from month to month. Person who had contracted to purchase land, but who had not as yet received a deed, could not claim possession through an alleged attornment by the tenant of the land, for the purpose of maintaining an action for forcible entry, since he is a stranger and the attornment would be void. But, if proceedings are not instituted within thirty (30) days after the day of expiration, then none shall be allowed until the expiration of sixty (60) days from the day the tenancy expired.