Title XXXVI, Statutory Actions and Limitations
4 chapters · 170 sections in this title.
KRS § 413.010 Action for recovery of real property -- Fifteen year limitation
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Subject to KRS 411.190(8), an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims.
KRS § 413.020 Action for recovery of real property -- Plaintiff under disability
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If, at the time the right of any person to bring an action for the recovery of real property first accrued, he was an infant or of unsound mind, he or the person claiming through him may, though the period of fifteen (15) years has expired, bring the action within three (3) years…
KRS § 413.030 Action for recovery of real property -- Extension for disability limited -- No extension past thirty years
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No extension past thirty years. (1) The time within which an action for the recovery of real property may be brought shall not be extended by reason of any disability that did not exist when the right to bring the action first accrued, nor by reason of any disability of the heirs…
KRS § 413.040 Claim not to preserve right of action
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No continual claim upon or near real property shall preserve a right to bring an action.
KRS § 413.050 Limitation on action by city on public easement -- On action for possession of public road -- Effect of notice
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of public road -- Effect of notice. (1) The limitations mentioned in KRS 413.010 to 413.040 shall not begin to run in respect to actions by a city for the recovery of any part of any street, alley or other public easement or the use thereof in the city, until the legislative body…
KRS § 413.060 Person holding land under adverse title for seven years -- Extension for disability
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disability. (1) No action shall be brought under or by virtue of an adverse, interfering entry, survey or patent to recover the title or possession of land from an occupant if he, or the person under whom he claims, has a connected title thereto in law or equity, deducible of rec…
KRS § 413.070 Action upon equity of redemption in real property
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After a mortgagee of real property or any person claiming under him has had fifteen (15) years' continued adverse possession, no action shall be brought by the mortgagor or anyone claiming under him to redeem the property.
KRS § 413.072 Relationship of agricultural and silvicultural operations to law of nuisance and trespass -- Preemption of local ordinances -- Sustainable agriculture and best management practices
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and trespass -- Preemption of local ordinances -- Sustainable agriculture and best management practices. (1) It is the declared policy of the Commonwealth to conserve, protect, and encourage the development and improvement of its agricultural land and silvicultural land for the p…
KRS § 413.080 Action upon equity of redemption in personal property
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After a mortgagee of personal property or any person claiming under him has had five (5) years' continued adverse possession, no action shall be brought by the mortgagor or any person claiming under him to redeem the property.
KRS § 413.090 Action upon judgment, contract, or bond -- Fifteen-year limitation -- Action for child support arrearages -- Time to commence action tolled until obligations cease as to last child on order
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Action for child support arrearages -- Time to commence action tolled until obligations cease as to last child on order. Except as provided in KRS 396.205, 413.110, 413.220, 413.230 and 413.240, the following actions shall be commenced within fifteen (15) years after the cause of…
KRS § 413.100 Lienee not to extend limitation as against purchasers or creditors -- Exceptions
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Exceptions. (1) No promise, acknowledgment, or payment of money by any person bound on any bond or obligation for the payment of money secured by a lien shall operate as an extension of the time within which the lien may be enforced as against purchasers or creditors, unless, bef…
KRS § 413.110 Action against county on bonded obligation -- Three year limitation -- Action on state warrant -- Two year limitation
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Action on state warrant -- Two year limitation. (1) A cause of action existing against a county by virtue of its bonded obligation for the payment of money, after the county has in good faith offered to redeem the obligations that have matured by the payment in full of all princi…
KRS § 413.115 Actions to be brought within three years
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The following actions shall be commenced within three (3) years after the cause of action accrued: (1) An action against an employer for wrongful discharge in violation of public policy; and (2) An action for a violation of KRS 344.030 to 344.110 or 344.372.
KRS § 413.120 Actions to be brought within five years
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The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability…
KRS § 413.125 Actions relating to personal property to be brought within two years
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An action for the taking, detaining or injuring of personal property, including an action for specific recovery shall be commenced within two (2) years from the time the cause of action accrued.
KRS § 413.130 When certain actions in KRS 413.120 accrue
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(1) In every action upon a merchants' account as described in subsection (9) of KRS 413.120, the limitation shall be computed from January 1 next succeeding the respective dates of the delivery of the several articles charged in the account. Judgment shall be rendered for no more…
KRS § 413.135 Action for damages arising out of injury
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(1) No action to recover damages, whether based upon contract or sounding in tort, resulting from or arising out of any deficiency in the construction components, design, planning, supervision, inspection, or construction of any improvement to real property, or for any injury to …
KRS § 413.137 Action for damages for injury or illness suffered as a result of female genital mutilation
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genital mutilation. (1) A civil action for recovery of damages for injury or illness suffered as a result of female genital mutilation as defined in KRS 508.125 shall be brought within ten (10) years: (a) Of the procedure being performed; or (b) After the victim attains the age o…
KRS § 413.140 Actions to be brought within one year
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(1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or othe…
KRS § 413.150 Actions by the Commonwealth
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The limitations prescribed in this chapter shall apply to actions brought by or in the name of the Commonwealth the same as to actions by private persons, except where a different time is prescribed by statute.
KRS § 413.160 Actions upon written contract or not provided for by statute -- Ten-year limitation
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limitation. An action upon a written contract executed after July 15, 2014, unless otherwise provided by statute, and an action for relief not provided for by statute can only be commenced within ten (10) years after the cause of action accrued.
KRS § 413.170 Limitations of actions in KRS 413.090 to 413.160 do not run until removal of disability or death
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of disability or death. (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160, except for a penalty or forfeiture, was, at the time the cause of action accrued, an infant or of unsound mind, the action may be brought within the same number of years afte…
KRS § 413.180 Action by or against personal representative under KRS 413.090 to 413.160
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413.160. (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that ti…
KRS § 413.190 Result of absence from the state or obstruction of action under KRS 413.090 to 413.160
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413.090 to 413.160. (1) If, at the time any cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, he is absent from it, the period limited for the commencement of the action against him shall be computed from the time of his return to this …
KRS § 413.220 Sureties who are discharged after seven years
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(1) A surety shall be discharged from all liability under any judgment or decree, after the lapse of seven (7) years without the issue of execution and prosecution in good faith for collection. (2) A surety in any bond given in the course of any judicial proceeding shall be disch…
KRS § 413.230 Sureties who are discharged after five years
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A surety for an executor, administrator, guardian or curator, or for a sheriff to whom a decedent's estate has been transferred, shall be discharged from all liability to a distributee, devisee or ward when five (5) years have elapsed without suit after the cause of action accrue…
KRS § 413.240 Action against surety -- When limitation does not run
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The limitations given in KRS 413.220 and 413.230 shall not apply to the time elapsed when there was no executor, administrator or other person authorized to commence an action, nor to the six (6) months during which an action cannot be brought against a personal representative, n…
KRS § 413.241 Legislative finding -- Limitation on liability of licensed sellers or servers of intoxicating beverages -- Liability of intoxicated person
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intoxicating beverages -- Liability of intoxicated person. (1) The General Assembly finds and declares that the consumption of intoxicating beverages, rather than the serving, furnishing, or sale of such beverages, is the proximate cause of any injury, including death and propert…
KRS § 413.242 Prerequisite to action against purchaser or selling agent of equine interest
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Before a party possessing a security interest or lien against an equine interest that has been sold without the debt to the party being discharged may bring an action against the purchaser or selling agent of the equine interest, the secured party shall pursue a remedy against th…
KRS § 413.243 "Professional services" defined
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As used in KRS 413.245, "professional services" means any service rendered in a profession required to be licensed, administered and regulated as professions in the Commonwealth of Kentucky, except those professions governed by KRS 413.140.
KRS § 413.245 Actions arising out of the rendering, or failure to render, professional services to others
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services to others. Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render…
KRS § 413.246 Action for damages based on professional services rendered by licensed home inspector
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home inspector. (1) An action for damages, whether brought in contract or tort, or on any other basis, based on professional services that were rendered or that should have been rendered by a licensed home inspector under KRS 198B.700 to 198B.738 shall not be brought, commenced, …
KRS § 413.2475 Action relating to operation of unmanned aircraft system
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An action filed pursuant to KRS 411.067 shall be commenced within seven (7) years after the cause of action accrued.
KRS § 413.2485 Action relating to injury to or illness of an adult as a result of a sexual offense
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sexual offense. (1) As used in this section, "injury or illness" means either a physical or psychological injury or illness. (2) A civil action for recovery of damages for an injury or illness suffered as a result of an act or series of acts against a person eighteen (18) years o…
KRS § 413.249 Action relating to childhood sexual abuse or childhood sexual assault
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(1) As used in this section: (a) "Childhood sexual assault or abuse" means an act or series of acts against a person less than eighteen (18) years old and which meets the criteria defining a misdemeanor or felony in: 1. KRS Chapter 510; 2. KRS 529.040 when the defendant advances …
KRS § 413.250 When action commences
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An action shall be deemed to commence on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action.
KRS § 413.260 Effect of injunction or other restraint on limitation
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(1) If the doing of an act necessary to save any right or benefit is restrained or suspended by injunction or other lawful restraint, vacancy in office, absence of an officer or his refusal to act, the time covered by the injunction, restraint, vacancy, absence or refusal to act …
KRS § 413.265 Validity of agreements extending limitations periods
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Written agreements entered into in good faith and at arms length to extend limitations periods for the filing of civil actions, including agreements entered into prior to July 15, 1988, shall be valid and enforceable according to their terms.
KRS § 413.270 Effect of judgment of no jurisdiction -- Application to administrative agencies
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agencies. (1) If an action is commenced in due time and in good faith in any court of this state and the defendants or any of them make defense, and it is adjudged that the court has no jurisdiction of the action, the plaintiff or his representative may, within ninety (90) days f…
KRS § 413.280 Person under more than one disability
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When two (2) or more disabilities exist in the same person at the time the cause of action accrues, the limitation does not attach until they are all removed.
KRS § 413.290 Limitations only to residents -- Notice
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Limitations shall not begin to run in favor of persons coming temporarily into this state, but shall attach only in favor of actual residents in good faith, and after notice to the person to be affected thereby.
KRS § 413.300 Plaintiff a citizen of enemy country
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If the plaintiff is an alien and a subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be counted as part of the period limited for the commencement of an action.
KRS § 413.320 Cause of action barred here if barred where it accrued
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When a cause of action has arisen in another state or country, and by the laws of this state or country where the cause of action accrued the time for the commencement of an action thereon is limited to a shorter period of time than the period of limitation prescribed by the laws…
KRS § 413.330 Action on judgment barred here if barred where rendered -- Exception
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If, by the laws of any other state or country, an action upon a judgment or decree rendered in that state or country cannot be maintained there by reason of the lapse of time, and the judgment or decree is incapable of being otherwise enforced there, an action upon it may not be …