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Kentucky Chapter 381 — Property and Restrictions on Use, Ownership, and Alienation

207 sections hosted, reproduced from the official public-domain source.

  • KRS 381.010— Commonwealth vested with ultimate property to lands
  • KRS 381.020— Titles allodial and subject to escheat -- Right of eminent domain
  • KRS 381.030— Death of disseizor -- Effect
  • KRS 381.040— Estates may commence in future
  • KRS 381.050— Estate created by conveyance to husband and wife -- Will not to defeat right to the entirety by survivorship
  • KRS 381.060— Fee simple created, when -- Possession vests in grantee
  • KRS 381.070— Estates tail converted into estates in fee -- Limitation on
  • KRS 381.080— Construction of "without heirs," "without children" or "issue" in deed or will
  • KRS 381.090— Construction of "estate for life, remainder to heirs."
  • KRS 381.100— Contingent remainder
  • KRS 381.110— Alienation or union of estate does not affect remainder
  • KRS 381.120— Joint tenants -- Partition -- Death of one
  • KRS 381.130— Exceptions to KRS 381.120
  • KRS 381.135— Court-appointed commissioners to determine division of land jointly held and allotment of dower or curtesy -- Survey requirement
  • KRS 381.136— Life tenants and their descendants -- Partition
  • KRS 381.140— Posthumous child may take estate in remainder
  • KRS 381.150— Conveyance of greater estate than grantor owns -- Effect
  • KRS 381.160— Purchaser evicted by heir of grantor may recover to extent of estate inherited
  • KRS 381.170— Consideration paid by other than grantee -- Effect
  • KRS 381.180— Repealed, 2014
  • KRS 381.190— Sale of realty by trustee by virtue of pledge or deed of trust
  • KRS 381.200— Deeds construed to include buildings and appurtenances -- Solar easements
  • KRS 381.210— Reversion may be sold -- Rights and duties of purchaser
  • KRS 381.215— Repealed, 2010
  • KRS 381.216— Repealed, 2010
  • KRS 381.217— Repealed, 2010
  • KRS 381.218— Abolition of fee simple determinable and possibility of reverter
  • KRS 381.219— Termination after thirty years of rights of entry created after July 1, 1960
  • KRS 381.220— Repealed, 1960
  • KRS 381.221— Termination and preservation of forfeiture restrictions created before July 1, 1960
  • KRS 381.222— Exceptions to KRS 381.219 and 381.221
  • KRS 381.223— Application of KRS 381.218, 381.219, 381.221, 381.222, and 381.223
  • KRS 381.224— Rule against perpetuities abrogated
  • KRS 381.225— Permissible period of power of alienation under trust -- Future interest
  • KRS 381.226— 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
  • KRS 381.230— Possession unnecessary in action for trespass
  • KRS 381.231— Definitions
  • KRS 381.232— Liability for certain injuries
  • KRS 381.240— Title to land in adverse possession not to be certified
  • KRS 381.250— Certification prohibited when more than one patent
  • KRS 381.260— Grants-in-aid of charity valid
  • KRS 381.270— Gift to charity not defeated for want of trustee
  • KRS 381.280— Forfeiture of right to property for killing or victimizing decedent -- Exemptions -- Escheat to elder and vulnerable victims trust fund
  • KRS 381.290— Rights of alien intending to be naturalized
  • KRS 381.300— Realty of nonresident alien liable to escheat after eight years unless he becomes citizen
  • KRS 381.310— Spouses and children of citizens -- Property rights
  • KRS 381.320— Alien's right as to personalty -- As to realty if resident
  • KRS 381.330— Nonresident alien -- Rights as to real property inherited
  • KRS 381.340— Nonresident alien -- Distribution of property on death of
  • KRS 381.350— Waste by tenant for life or years -- Forfeiture -- Damages
  • KRS 381.360— Remainderman or reversioner may bring action for waste
  • KRS 381.370— Action by heir for waste done in ancestor's lifetime
  • KRS 381.380— Waste by seller before delivery of possession
  • KRS 381.390— Waste by joint tenant
  • KRS 381.400— Damages when waste wantonly committed
  • KRS 381.410— Action against representative of tenant -- Revivor
  • KRS 381.420— Waste committed while action pending -- Receiver -- Injunction
  • KRS 381.430— Possession of minerals and other interests in land -- Effect on possession of surface
  • KRS 381.440— Excavations in a city of the first class and consolidated local government -- Protection of adjacent property
  • KRS 381.445— Repealed, 1966
  • KRS 381.450— Tenants may remove improvements from city lots, when
  • KRS 381.460— Occupant in good faith to be paid for improvements
  • KRS 381.470— Proceedings to ascertain value of improvements
  • KRS 381.480— Oath of jurors
  • KRS 381.490— Inquest -- Proceedings -- Duty of court
  • KRS 381.500— Assessment of damages
  • KRS 381.510— Inquest may be quashed and new writ awarded
  • KRS 381.520— Witnesses -- How summoned
  • KRS 381.530— Copies of inquest -- Fees of sheriff
  • KRS 381.540— Trial on return of inquest -- Rents
  • KRS 381.550— Lien of occupant
  • KRS 381.560— Judgment for lien satisfied if all land taken
  • KRS 381.570— Growing crop
  • KRS 381.580— Repealed, 1976
  • KRS 381.590— Repealed, 1976
  • KRS 381.600— Repealed, 1976
  • KRS 381.610— Repealed, 1976
  • KRS 381.620— Repealed, 1976
  • KRS 381.630— Repealed, 1976
  • KRS 381.635— Right of condemnation of underground passageway to mine
  • KRS 381.636— Findings required by commissioners in condemnation of underground passageway -- Basis of compensation -- Immediate possession
  • KRS 381.640— Joint owners of private passway to share costs
  • KRS 381.650— Enforcement of payment of joint expenses
  • KRS 381.660— Condemnation for underground water pipes
  • KRS 381.670— Owner's consent required for certain routes
  • KRS 381.680— Person condemning land may enter it, when
  • KRS 381.690— Protection of burial grounds by cities
  • KRS 381.695— Repealed, 1978
  • KRS 381.697— Cemeteries maintained by legal owners
  • KRS 381.700— Repealed, 2016
  • KRS 381.710— Evidence of dedication or use of land as burying ground
  • KRS 381.715— Burial rights in cemetery lots -- Abandonment -- Resale by cemetery
  • KRS 381.720— Abandoned cemetery in cities -- Proceedings to vest title in city
  • KRS 381.730— Notice of suit
  • KRS 381.740— Assertion of claim to compensation for value of interest in cemetery or lot
  • KRS 381.750— Judgment -- Removal of bodies and monuments
  • KRS 381.755— Removal of grave or cemetery on application of landowner or county -- Procedure -- Expenses
  • KRS 381.760— Cost of proceeding -- Burden of proof
  • KRS 381.765— Disinterment, removal, and reinterment of graves by Commonwealth, political subdivision or electric power company; Removal by licensed funeral director
  • KRS 381.767— Contracts exempt from KRS 381.765
  • KRS 381.770— Repealed, 2017
  • KRS 381.775— Voluntary agreement with property owner for demolition or removal of dilapidated building
  • KRS 381.780— Removal of open toilets in urban-county government, city of the first class, or city of the home rule class -- Lien on property for cost of removal
  • KRS 381.785— Definitions for KRS 381.785 to 381.801
  • KRS 381.786— Planned communities subject to KRS 381.785 to 381.801 -- Filing of declaration
  • KRS 381.787— Establishment and organization of planned community -- Board of directors -- Declaration or bylaws -- Removal of board member
  • KRS 381.788— Declarant control period -- Surrender of declarant's control
  • KRS 381.789— Access to owners' lots by agents of association -- Responsibility for damage
  • KRS 381.790— Budget -- Assessments -- Insurance -- Financial records
  • KRS 381.791— Amendment of declaration -- Termination of declaration and association -- Amendment of bylaws
  • KRS 381.792— Required provisions in declaration or bylaws -- Meetings -- Notice -- Quorum
  • KRS 381.793— Quorum -- Open board meetings -- Standards for board directors
  • KRS 381.794— Financial records -- Financial report -- Standards for report
  • KRS 381.795— Examination of records by owner
  • KRS 381.796— Assessment for common expenses -- Increase -- Interest and late fees
  • KRS 381.797— Elements of assessments for each lot -- Notice of charges -- Special assessments -- Claimed breach of fiduciary duty -- Annual budget
  • KRS 381.798— Compliance by persons with ownership interest
  • KRS 381.799— Association's continuing lien -- Validity and priority of liens
  • KRS 381.800— Display of political yard signs -- Conditions -- Existing contrary provisions are void
  • KRS 381.801— Short title for KRS 381.785 to 381.801
  • KRS 381.803— Definitions for section -- Failure to maintain infrastructure or common area -- Petition by city to appoint receiver -- Authority of receiver -- City may seek reimbursement for costs to repair or maintain infrastructure or common area from receiver
  • KRS 381.805— Short title
  • KRS 381.810— Definitions for KRS 381.805 to 381.910
  • KRS 381.815— Establishment of a condominium property regime
  • KRS 381.820— Conveyance of units -- Recordation
  • KRS 381.825— Joint or common ownership
  • KRS 381.827— Requirements for subdividing units
  • KRS 381.830— Ownership of unit -- Use of general common elements
  • KRS 381.835— Recording -- Requirements of master deed or lease -- Record of floor plans
  • KRS 381.837— Master deed exceptions
  • KRS 381.840— Individual deeds -- Contents
  • KRS 381.845— Repealed, 1974
  • KRS 381.850— Waiver of regime -- Effect of encumbrances
  • KRS 381.855— Subsequent reestablishment of regime
  • KRS 381.860— Administration of building
  • KRS 381.865— Repealed, 2012
  • KRS 381.870— Maintenance -- Pro rata contribution -- Adjustments
  • KRS 381.875— Exemptions
  • KRS 381.880— Repealed, 1966
  • KRS 381.883— Lien for unpaid assessments -- Foreclosure -- Suit
  • KRS 381.885— Insurance
  • KRS 381.890— Destruction -- Reconstruction
  • KRS 381.895— Repealed, 1974
  • KRS 381.897— Individual and common liabilities for injuries or damages
  • KRS 381.900— Tax assessments -- Individual liability -- Forfeiture or sale
  • KRS 381.905— Interpretation of KRS 381.805 to 381.910
  • KRS 381.910— Planning and zoning
  • KRS 381.930— Purposes of KRS 381.935 to 381.945
  • KRS 381.935— Definitions
  • KRS 381.940— Rules of construction for mineral deeds relating to coal extraction
  • KRS 381.945— Written agreement in deed directing how surface to be reclaimed
  • KRS 381.990— Penalties
  • KRS 381.9101— Short title for KRS 381.9101 to 381.9207
  • KRS 381.9103— Application and construction of KRS 381.9101 to 381.9207
  • KRS 381.9105— Definitions for KRS 381.9101 to 381.9207
  • KRS 381.9107— Variation by agreement
  • KRS 381.9109— Separate assessments, titles, and taxation
  • KRS 381.9111— Applicability of local ordinances, regulations, building codes, or other real estate use law
  • KRS 381.9113— Eminent domain
  • KRS 381.9115— Supplemental general principles of law applicable to KRS 381.9101 to 381.9207
  • KRS 381.9117— Construction against implicit repeal of KRS 381.9101 to 381.9207
  • KRS 381.9119— Purposes and policies of KRS 381.9101 to 381.9207 -- Kentucky Condominium Act to be liberally construed
  • KRS 381.9121— Severability of invalid provision or application
  • KRS 381.9123— Obligation of good faith
  • KRS 381.9125— Creation of condominium
  • KRS 381.9127— Unit boundaries
  • KRS 381.9129— Construction and validity of declaration and bylaws
  • KRS 381.9131— Description of units
  • KRS 381.9133— Contents of declaration
  • KRS 381.9135— Leasehold condominiums
  • KRS 381.9137— Allocation of common element interests, votes, and common expense liabilities
  • KRS 381.9139— Limited common elements
  • KRS 381.9141— Plats and plans
  • KRS 381.9143— Exercise of development rights
  • KRS 381.9145— Alteration of units
  • KRS 381.9147— Relocation of boundaries between adjoining units
  • KRS 381.9149— Subdivision of units
  • KRS 381.9151— Easement for encroachments
  • KRS 381.9153— Easement rights
  • KRS 381.9155— Amendment of declaration
  • KRS 381.9157— Termination of condominium
  • KRS 381.9159— Rights of secured lenders
  • KRS 381.9161— Master associations
  • KRS 381.9163— Merger or consolidation of condominiums
  • KRS 381.9165— Organization of unit owners' association
  • KRS 381.9167— Powers of unit owners' association -- Emergency assessments
  • KRS 381.9169— Executive board members and officers
  • KRS 381.9170— Discharge of board member's duties -- Standards for monetary damages and injunctive relief
  • KRS 381.9171— Transfer of special declarant rights
  • KRS 381.9173— Bylaws
  • KRS 381.9175— Upkeep of condominium -- Expenses and income in connection with real estate subject to development rights
  • KRS 381.9177— Meetings of the association
  • KRS 381.9179— Quorums
  • KRS 381.9181— Voting -- Proxies
  • KRS 381.9183— Tort and contract liability
  • KRS 381.9185— Conveyance or encumbrance of common elements
  • KRS 381.9187— Insurance
  • KRS 381.9189— Surplus funds
  • KRS 381.9191— Assessments for common expenses
  • KRS 381.9193— Lien for assessments
  • KRS 381.9195— Other liens affecting the condominium
  • KRS 381.9197— Association records -- Financial report
  • KRS 381.9199— Association as trustee
  • KRS 381.9201— Applicability of KRS 381.9201, 381.9205, and 381.9207 -- Modification or waiver by agreement -- Certificate not required in certain cases
  • KRS 381.9203— Documentation to be furnished by seller of unit -- Certificate
  • KRS 381.9205— Release of liens
  • KRS 381.9207— Declarant's obligation to complete and restore