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Caldwell's Kentucky Form Book, 5th Ed., Answer Asserting Defects in Lis Pendens — Constructive Notice, Form 312. 012 made before July 15, 1986, is validated notwithstanding that there was no specific authority in the Uniform Gifts to Minors Act of Kentucky for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. Where a county clerk located a number of duly executed and acknowledged deeds that were delivered to the clerk's office some 20 to 30 years ago for recordation, but the deeds were in fact never recorded, the deeds were correct in form and remained recordable; accordingly, the county clerk should record such instruments, unless beforehand he received an order of a court of law or the fiscal court not to record. Exclusive possession: the benevolent wife story. This section should receive a construction similar to that given the English statute which is that devises made for charitable uses will be sustained as valid trusts and the rule against perpetuities does not apply; thus, a valid charity is established where the purpose for which it is created is maintenance of a public cemetery but this section does not prevent the state from requiring a nonprofit cemetery corporation to pay unemployment compensation tax. Talbott's Devisees v. Hooser, 75 Ky. 408, 1876 Ky. 1876).

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Lease's hold-over clause applied when a landlord did not seek to recover property within 90 days of the lease's expiration because (1) the lease's unambiguous holdover terms had to be strictly enforced, (2) there was no reason to resort to statutory gap-filling provisions, and (3) the landlord's failure to seek inflated rental amounts due under those terms did not invalidate that section's purpose and effect. Attorney's fees should not have been awarded to a landlord because they were prohibited under KRS 383. Trial court incorrectly classified the accident victim in a negligence action as a licensee rather than an invitee and should have determined the city's duties based upon the victim's status as an invitee when a headstone at the grave of the victim's child in the city's cemetery fell on the victim while the victim was visiting the grave. In absence of express words or necessary inference in will indicating intent to give other than a fee-simple title, devise of remainder to devisee "to be absolutely under her control" vested a fee-simple title. A landlord shall not include in a residential rental agreement or lease for housing a provision authorizing the landlord to terminate the agreement or to impose a penalty on a tenant for requests made by the tenant for assistance from peace officers or other assistance in response to emergencies. The provisions of this subsection shall not apply to any common elements constituting a portion of the real estate to the extent the common elements as described in and subject to the declaration have been developed. Variation by agreement. 835, designating the letter or number or other appropriate designation of the unit, followed by the words "a condominium unit". Camenisch v. City of Stanford, 140 S. 3d 1, 2003 Ky. Exclusive possession: the benevolent wife chinese drama. LEXIS 211 (Ky. 2003). An instrument containing forms of covenants, conditions, obligations, powers, and other clauses of a mortgage may be recorded in the county clerk's office of any county, and the county clerk of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same. See Thompson v. 664, 162 S. 2d 196, 1942 Ky. LEXIS 460 ( Ky. 1942). No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement shall arise under a conservation easement before its acceptance by the holder and a recordation of the acceptance. This provision does not extend the time limit on the exercise of development rights imposed by the declaration under KRS 381.

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Where the testator bequeathed interests in the income of his estate to certain relatives with the interest passing to his designated nieces and nephews on the deaths of the primary beneficiaries but no provision was made for the distribution of the corpus, the testator did not die intestate as to the remainder, for the fee simple vested in the remainder beneficiaries. Caldwell's Kentucky Form Book, 5th Ed., Complaint for Accrued Rent, Lease Expired, Form 309. In addition to any other requirements of the declaration, the merger or consolidation of two (2) or more condominiums pursuant to subsection (1) of this section shall be evidenced by a recorded agreement duly executed by the president of the association of each of the pre-existing condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Appleby v. Buck, 351 S. 2d 494, 1961 Ky. 1961). Woods v. Hughes, 290 Ky. 99, 160 S. 2d 339, 1942 Ky. LEXIS 348 ( Ky. 1942). The county clerk shall file and keep all original notices so filed, in numerical order, in a file designated "Federal Lien Notices, " or in the encumbrance book. Exclusive possession: the benevolent wife made. Private transfer fee obligations prohibited — Liability for damages and costs — Buyer's waiver of rights void. 710 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense. Where husband and wife placed their separate funds in a joint account, with express understanding with bank that either could draw on account, and that balance of account on death of either would pass to survivor, the wife was entitled to the account on the death of the husband.

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Mgmt., LLC v. Franzen, 2015 Ky. LEXIS 101 (Ky. July 10, 2015), review denied, ordered not published, 2016 Ky. 9, 2016). Relationship of landlord and tenant between husband and wife gave her, under this section, a lien regardless of the contract between them which was attacked because it was unrecorded. Reprinted, 2007 FED App. Kloak Bros. & Co. Joseph, 150 Ky. 508, 150 S. 651, 1912 Ky. 1912).

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Allin v. Harrodsburg, 247 Ky. 360, 57 S. 2d 45, 1933 Ky. LEXIS 406 ( Ky. 1933) (decision prior to 1962 amendment. Notwithstanding the release of a protected tenant or an exclusion of a named individual from a lease or rental agreement under this section, if there are any remaining tenants residing in the dwelling unit, the tenancy shall continue for those tenants. Belcher v. Elliott, 312 F. 2d 245, 1962 U. LEXIS 3396 (6th Cir. The agreement shall specify a date after which the agreement will be void unless recorded before that date. Abrams v. Simon, 243 Ky. 773, 49 S. 2d 1031, 1932 Ky. LEXIS 195 ( Ky. 1932). Rhoades v. Bennett, 307 Ky. 507, 211 S. 2d 693, 1948 Ky. LEXIS 781 ( Ky. 1948). A remote grantee cannot maintain action for breach of real covenant that occurred before the grant to him; the right of action is personal to him in whose time the covenant is broken, and, unless he assigns it, he is the only person that can bring suit. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: - The duty or ability of the custodian personally or of any other person to support the minor; or. Conveyance of land to organization for the purpose of a lodge room, church and a graveyard created a valid trust for charitable purpose of the kind described in this section. The Reviser of Statutes has made this correction of a manifest clerical or typographical error under KRS 7. What is Exclusive Possession of the Marital Home. 090 should apply rather than this section. Properly Recorded Deed. Regulation of oil leases, KRS 353.

The clerk of the court shall carefully preserve all papers, records and proceedings, relating to the cause; and shall deliver, to any person requiring it, a transcript thereof. An authentic photocopy of any original record may be certified, as a true, complete, unaltered copy of the original record on file by the official public custodian of the record. Findings required by commissioners in condemnation of underground passageway — Basis of compensation — Immediate possession. Bradshaw v. Dunlap, 217 Ky. 644, 290 S. 501, 1927 Ky. 1927). President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. Generally, although there are exceptions, a tenant in possession of premises cannot attorn to a stranger or lease the premises from a stranger, or in any manner or way renounce his allegiance to or set up a title hostile to his landlord, without first obtaining the consent of his landlord or renouncing his tenancy by removing from the leased premises. A judgment against the association shall be indexed in the name of the condominium and the association and, when so indexed, shall be notice of the lien against the units. Ure to Reserve Reversion. In re Engle), 2015 Bankr. Cardwell, 154 Ky. 483, 157 S. 711, 1913 Ky. LEXIS 82 ( Ky. 1913).

350 and this section the five-year statute of limitations starts to run from the time voluntary waste is committed. Any contract for the sale of real property or any interest therein, when acknowledged or proven as deeds are required to be, may be recorded in the county in which the property is situated, in the same offices and books in which deeds are recorded, and the record of any such contract recorded shall, from the time of lodging the contract for record, be notice of the contract to all persons. Property owned by church, title, KRS 273. A bequest to a bishop to be applied to any charitable uses was invalid.

In the event of a transfer of property by will or under the laws of intestate succession, the personal representative of the estate, prior to closing out the estate, shall file an affidavit with the county clerk of each county in which any of the property is located, which shall contain the following: - The names and addresses of the persons receiving each property passing by will or intestate succession; and. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and KRS 383. Mohan & Byrd, You Cannot Change 500 Years of Property Law at 5:00 P. on a Friday — Dower as Applied in Kentucky., 33 N. 335 (2006). Under this section, once a lease's terms and the holdover period expire, the landlord has the right to evict a tenant who remains in possession; absent eviction the tenant has a tenancy of sufferance and a tenancy at sufferance is a possessor interest sufficient to trigger the bankruptcy court's jurisdiction. Where debtor purchasers of assets had defaulted on the payment of the promissory note, the seller held an equitable lien under Kentucky law, including KRS 382.

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