Kentucky Revised Statutes

Kentucky Revised Statutes

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Statutes Last Updated July 23, 2012

Includes Enactments through the 2012 Extraordinary Session
This page was produced on 7/24/2012 at 8:50:20 AM

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KRS Chapter 381.00

.010 Commonwealth vested with ultimate property to lands.

.020 Titles allodial and subject to escheat -- Right of eminent domain.

.030 Death of disseizor -- Effect.

.040 Estates may commence in future.

.050 Estate created by conveyance to husband and wife -- Will not to defeat right to the entirety by survivorship.

.060 Fee simple created, when -- Possession vests in grantee.

.070 Estates tail converted into estates in fee -- Limitation on.

.080 Construction of "without heirs," "without children" or "issue" in deed or will.

.090 Construction of "estate for life, remainder to heirs."

.100 Contingent remainder.

.110 Alienation or union of estate does not affect remainder.

.120 Joint tenants -- Partition -- Death of one.

.130 Exceptions to KRS 381.120.

.135 Court-appointed commissioners to determine division of land jointly held and allotment of dower or curtesy -- Survey requirement.

.136 Life tenants and their descendants -- Partition.

.140 Posthumous child may take estate in remainder.

.150 Conveyance of greater estate than grantor owns -- Effect.

.160 Purchaser evicted by heir of grantor may recover to extent of estate inherited.

.170 Consideration paid by other than grantee -- Effect.

.180 Estates in trust subject to debts of beneficiary -- Spendthrift trusts excepted -- Other exceptions.

.190 Sale of realty by trustee by virtue of pledge or deed of trust.

.200 Deeds construed to include buildings and appurtenances -- Solar easements.

.210 Reversion may be sold -- Rights and duties of purchaser.

.215 Repealed, 2010.

.216 Repealed, 2010.

.217 Repealed, 2010.

.218 Abolition of fee simple determinable and possibility of reverter.

.219 Termination after thirty years of rights of entry created after July 1, 1960.

.220 Repealed, 1960.

.221 Termination and preservation of forfeiture restrictions created before July 1, 1960.

.222 Exceptions to KRS 381.219 and 381.221.

.223 Application of KRS 381.218, 381.219, 381.221, 381.222, and 381.223.

.224 Rule against perpetuities abrogated.

.225 Permissible period of power of alienation under trust -- Future interest.

.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.

.230 Possession unnecessary in action for trespass.

.231 Definitions.

.232 Liability for certain injuries.

.240 Title to land in adverse possession not to be certified.

.250 Certification prohibited when more than one patent.

.260 Grants-in-aid of charity valid.

.270 Gift to charity not defeated for want of trustee.

.280 Forfeiture of right to property for killing or victimizing decedent -- Exemptions -- Escheat to elder and vulnerable victims trust fund.

.290 Rights of alien intending to be naturalized.

.300 Realty of nonresident alien liable to escheat after eight years unless he becomes citizen.

.310 Spouses and children of citizens -- Property rights.

.320 Alien's right as to personalty -- As to realty if resident.

.330 Nonresident alien -- Rights as to real property inherited.

.340 Nonresident alien -- Distribution of property on death of.

.350 Waste by tenant for life or years -- Forfeiture -- Damages.

.360 Remainderman or reversioner may bring action for waste.

.370 Action by heir for waste done in ancestor's lifetime.

.380 Waste by seller before delivery of possession.

.390 Waste by joint tenant.

.400 Damages when waste wantonly committed.

.410 Action against representative of tenant -- Revivor.

.420 Waste committed while action pending -- Receiver -- Injunction.

.430 Possession of minerals and other interests in land -- Effect on possession of surface.

.440 Excavations in a city of the first class and consolidated local government -- Protection of adjacent property.

.445 Repealed, 1966.

.450 Tenants may remove improvements from city lots, when.

.460 Occupant in good faith to be paid for improvements.

.470 Proceedings to ascertain value of improvements.

.480 Oath of jurors.

.490 Inquest -- Proceedings -- Duty of court.

.500 Assessment of damages.

.510 Inquest may be quashed and new writ awarded.

.520 Witnesses -- How summoned.

.530 Copies of inquest -- Fees of sheriff.

.540 Trial on return of inquest -- Rents.

.550 Lien of occupant.

.560 Judgment for lien satisfied if all land taken.

.570 Growing crop.

.580 Repealed, 1976.

.590 Repealed, 1976.

.600 Repealed, 1976.

.610 Repealed, 1976.

.620 Repealed, 1976.

.630 Repealed, 1976.

.635 Right of condemnation of underground passageway to mine.

.636 Findings required by commissioners in condemnation of underground passageway -- Basis of compensation -- Immediate possession.

.640 Joint owners of private passway to share costs.

.650 Enforcement of payment of joint expenses.

.660 Condemnation for underground water pipes.

.670 Owner's consent required for certain routes.

.680 Person condemning land may enter it, when.

.690 Protection of burial grounds by cities.

.695 Repealed, 1978.

.697 Cemeteries maintained by legal owners.

.700 Care of burial grounds by owners.

.710 Evidence of dedication or use of land as burying ground.

.715 Burial rights in cemetery lots -- Abandonment -- Resale by cemetery.

.720 Abandoned cemetery in certain cities, proceedings to vest title in city.

.730 Notice of suit.

.740 Assertion of claim to compensation for value of interest in cemetery or lot.

.750 Judgment -- Removal of bodies and monuments.

.755 Removal of grave or cemetery on application of landowner or county -- Procedure -- Expenses.

.760 Cost of proceeding -- Burden of proof.

.765 Disinterment, removal, and reinterment of graves by Commonwealth, political subdivision or electric power company; Removal by licensed funeral director.

.767 Contracts exempt from KRS 381.765.

.770 Abatement of nuisance -- Exceptions -- Enforcement ordinance -- Lien -- Personal liability of property owner.

.775 Voluntary agreement with property owner for demolition or removal or dilapidated building.

.780 Removal of open toilets in city of first or second class -- City's lien on property for cost of removal.

Horizontal Property Law

.805 Short title.

.810 Definitions for KRS 381.805 to 381.910.

.815 Establishment of a condominium property regime.

.820 Conveyance of units -- Recordation.

.825 Joint or common ownership.

.827 Requirements for subdividing units.

.830 Ownership of unit -- Use of general common elements.

.835 Recording -- Requirements of master deed or lease -- Record of floor plans.

.837 Master deed exceptions.

.840 Individual deeds -- Contents.

.845 Repealed, 1974.

.850 Waiver of regime -- Effect of encumbrances.

.855 Subsequent reestablishment of regime.

.860 Administration of building.

.865 Repealed, 2012.

.870 Maintenance -- Pro rata contribution -- Adjustments.

.875 Exemptions.

.880 Repealed, 1966.

.883 Lien for unpaid assessments -- Foreclosure -- Suit.

.885 Insurance.

.890 Destruction -- Reconstruction.

.895 Repealed, 1974

.897 Individual and common liabilities for injuries or damages.

.900 Tax assessments -- Individual liability -- Forfeiture or sale.

.905 Interpretation of KRS 381.805 to 381.910.

.910 Planning and zoning.

General Provisions

.9101 Short title for KRS 381.9101 to 381.9207.

.9103 Application and construction of KRS 381.9101 to 381.9207.

.9105 Definitions for KRS 381.9101 to 381.9207.

.9107 Variation by agreement.

.9109 Separate assessments, titles, and taxation.

.9111 Applicability of local ordinances, regulations, building codes, or other real estate use law.

.9113 Eminent domain.

.9115 Supplemental general principles of law applicable to KRS 381.9101 to 381.9207.

.9117 Construction against implicit repeal of KRS 381.9101 to 381.9207.

.9119 Purposes and policies of KRS 381.9101 to 381.9207 -- Kentucky Condominium Act to be liberally construed.

.9121 Severability of invalid provision or application.

.9123 Obligation of good faith.

Creation, Alteration, and Termination of Condominiums

.9125 Creation of condominium.

.9127 Unit boundaries.

.9129 Construction and validity of declaration and bylaws.

.9131 Description of units.

.9133 Contents of declaration.

.9135 Leasehold condominiums.

.9137 Allocation of common element interests, votes, and common expense liabilities.

.9139 Limited common elements.

.9141 Plats and plans.

.9143 Exercise of development rights.

.9145 Alteration of units.

.9147 Relocation of boundaries between adjoining units.

.9149 Subdivision of units.

.9151 Easement for encroachments.

.9153 Easement rights.

.9155 Amendment of declaration.

.9157 Termination of condominium.

.9159 Rights of secured lenders.

.9161 Master associations.

.9163 Merger or consolidation of condominiums.

Management of Condominium

.9165 Organization of unit owners' association.

.9167 Powers of unit owners' association -- Emergency assessments.

.9169 Executive board members and officers.

.9170 Discharge of board member's duties -- Standards for monetary damages and injunctive relief.

.9171 Transfer of special declarant rights.

.9173 Bylaws.

.9175 Upkeep of condominium -- Expenses and income in connection with real estate subject to development rights.

.9177 Meetings of the association.

.9179 Quorums.

.9181 Voting -- Proxies.

.9183 Tort and contract liability.

.9185 Conveyance or encumbrance of common elements.

.9187 Insurance.

.9189 Surplus funds.

.9191 Assessments for common expenses.

.9193 Lien for assessments.

.9195 Other liens affecting the condominium.

.9197 Association records -- Financial report.

.9199 Association as trustee.

Protection of Condominium Purchasers

.9201 Applicability of KRS 381.9201, 381.9205, and 381.9207 -- Modification or waiver by agreement -- Certificate not required in certain cases.