Title XXXII, Ownership and Conveyance of Property

right to the entirety by survivorship. (1) If real estate is conveyed or devised to husband and wife, unless a right by survivorship is expressly provided for, there shall be no mutual right to the entirety by survivorship between them, but they shall take as tenants in common, a…

(1) Unless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or such other estate as the grantor or testator had power to dispose of. (2) All deeds of barga…

All estates heretofore or hereafter created, which, in former times, would have been deemed estates entailed, shall henceforth be held to be estates in fee simple; and every limitation on such an estate shall be held valid, if it would be valid when limited upon an estate in fee …

will. Unless a different purpose is plainly expressed in the instrument, every limitation in a deed or will contingent upon a person dying "without heirs," or "without children" or "issue," or other words of like import, shall be construed a limitation to take effect when such pe…

If any estate is given by deed or will to any person for his life, and after his death to his heirs, or the heirs of his body, or his issue or descendants, such estate shall be construed to be an estate for life only in such person, and a remainder in fee simple in his heirs, or …

A contingent remainder shall, in no case, fail for the want of a particular estate to support it.

The alienation of a particular estate on which a remainder depends, or the union of such estate with the inheritance by purchase or descent, shall not operate by merger or otherwise to defeat, impair or affect such remainder.

Joint tenants may be compelled to make partition, and when a joint tenant dies, the joint tenant's part of the joint estate, real or personal, shall descend to the joint tenant's heirs, or pass by devise, or go to the joint tenant's personal representative, subject to debts, curt…

(1) KRS 381.120 shall not apply to any estate which joint tenants hold as executors or trustees, nor, except as provided in subsection (2) of this section, to an estate conveyed or devised to persons in their own right, when it manifestly appears, from the tenor of the instrument…

and allotment of dower or curtesy -- Survey requirement. (1) (a) As used in this subsection: 1. "Ownership interest in a closely held farm corporation or partnership" means any interest in a farm with one (1) or more of the shareholders or partners owning twenty percent (20%) or …

(1) Where the land is held under a deed or will vesting a life estate in two (2) or more persons or in trust for their benefit, with remainder as to the share of each to his or her children or descendants, it shall be lawful for a court of equity, on the petition of one (1) of su…

When any estate is limited by deed or will in remainder to the son or daughter, or the use of the son or daughter to be begotten of any person, such son or daughter, born after the death of his or her parent, shall take the estate in the same manner as if he or she had been born …

A deed and warranty of land purporting to pass or assure a greater right or estate than the person can lawfully pass or assure, shall operate to convey on warrant so much of the right and estate as such person can lawfully convey. If such conveyance is made by a tenant for life i…

inherited. If a deed such as that mentioned in KRS 381.150, contains a general warranty of the estate it purports to convey, and there is a claimant of the land who has received any estate, real or personal, by gift, advancement, descent, devise or distribution from the vendor, s…

When a deed is made to one (1) person, and the consideration is paid by another no use or trust results in favor of the latter unless the grantee takes a deed in his own name without the consent of the person paying the consideration, or unless the grantee in violation of a trust…

No sale of real estate by a trustee, by virtue of a pledge or deed of trust to secure the payment of debts, shall be valid or pass the title of the property specified in the deed or pledge, unless the sale is in pursuance to a judgment of court, or is made by an assignee under a …

easements. (1) Every deed, unless an exception is made therein, shall be construed to include all buildings, privileges and appurtenances of every kind attached to the lands therein conveyed. (2) A solar easement may be obtained for the purpose of ensuring access to direct sunlig…

Rights of reversion may be sold and conveyed. The purchaser thereof shall be vested with all the privileges and advantages which attach to the estate in the hands of the reversioner, and shall be subject to all the duties and responsibilities in law or equity which any tenant mig…

The estate known at common law as the fee simple determinable and the interest known as the possibility of reverter are abolished. Words which at common law would create a fee simple determinable shall be construed to create a fee simple subject to a right of entry for condition …

A fee simple subject to a right of entry for condition broken shall become a fee simple absolute if the specified contingency does not occur within thirty (30) years from the effective date of the instrument creating such fee simple subject to a right of entry. If such contingenc…

1, 1960. (1) Every possibility of reverter and right of entry created prior to July 1, 1960, shall cease to be valid or enforceable at the expiration of thirty (30) years after the effective date of the instrument creating it, unless before July 1, 1965, a declaration of intentio…

KRS 381.219 and 381.221 shall not apply to any possibility of reverter or right of entry contained in a deed, gift or grant from the Commonwealth or any political subdivision thereof; nor shall they apply where both the fee simple determinable and the succeeding interest, or both…

To the extent they are not superseded by KRS 381.224, 381.225, and 381.226, and except as provided in KRS 381.221, KRS 381.218, 381.219, 381.221, 381.222, and 381.223 shall apply only to inter vivos instruments and wills taking effect after July 1, 1960, and to appointments made …

An interest created in real or personal property shall not be void by reason of any rule against perpetuities, whether the common law rule or otherwise. The common law rule against perpetuities shall not be in force in this Commonwealth.

(1) (a) A future interest or trust is void if it suspends the power of alienation for longer than the permissible period. The power of alienation is the power to convey to another an absolute fee in possession of land, or full ownership of personalty. The permissible period is wi…

of appointment -- Construction of provisions requiring vesting within period provided by common law rule against perpetuities. (1) Except as provided in subsection (2) of this section, KRS 381.224 and 381.225 shall apply to: (a) A future property interest or a power of appointmen…

The owner of land may maintain the appropriate action to recover damages for any trespass or injury committed thereon, or to prevent or restrain any trespass or other injury thereto or thereon, notwithstanding the owner may not have the actual possession of the land at the time o…

(1) A "trespasser" means any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied, but does not include persons who come within the scope of the "attractive nuisance" doctrine. (2) An owner of rea…

The owner of real estate shall not be liable to any trespasser for injuries sustained by the trespasser on the real estate of the owner, except for injuries which are intentionally inflicted by the owner or someone acting for the owner.

No county clerk or other county or state officer shall officially certify to any abstract or statement of title to lands in this state, where such lands are in the actual possession of another than the person or corporation shown to be the owner of the abstract or certificate, wh…

If two (2) or more patents have been issued for the same land, whether by this state or by the State of Virginia, no county clerk or other county or state officer shall officially certify that the records show, or that the fact is that the title is in any of the patentees, or in …

(1) Every grant, conveyance, legacy, bequest, devise, gift, appointment, assignment and transfer of property, whenever made and in whatever form, shall be valid (a) if made to any corporation, association, trust, foundation, or similar organization or entity, created or formed fo…

No charity shall be defeated for want of a trustee or other person in whom the title may vest; but courts of equity may uphold the charity by appointing trustees, if there be none, or by taking control of the fund or property, and directing its management and settling who is the …

Exemptions -- Escheat to elder and vulnerable victims trust fund. (1) If the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the right of survivorship or the beneficiary under any insurance policy takes the life of the decedent or victimizes the decedent b…

After declaring his intention to become a citizen of the United States, according to the forms required by law, any alien, not an enemy, may recover, inherit, hold, and pass by descent, devise or otherwise, any interest in real or personal property, in the same manner as if he we…

becomes citizen. (1) Except as otherwise provided in this chapter, the real estate of a nonresident alien may be escheated to the state at any time after the expiration of eight (8) years after the time he acquires title thereto. (2) Any alien who has purchased, or contracted to …

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.

Any alien, not an enemy, may take and hold any personal property except chattels real. If such alien resides within this state he may take and hold any lands for the purposes of residence, or of occupation by him or his servants, or for the purpose of any business, trade, or manu…

If real estate passes to a nonresident alien by descent or devise, such property may be held and alienated by such nonresident alien for eight (8) years after the final settlement of the decedent's estate from which it was acquired. If such heir or devisee is a minor, the real es…

If a nonresident alien obtains possession of real estate by descent or devise, and dies before the expiration of the period limiting his right of enjoyment or sale, the right thus acquired shall pass by descent or devise. If such heir or devisee is a nonresident alien, the proper…

If any tenant for life or years commits waste during his estate or term, of anything belonging to the tenement so held, without special written permission to do so, he shall be subject to an action of waste, shall lose the thing wasted, and pay treble the amount at which the wast…

The action for waste may be maintained by one who has the remainder or reversion in fee simple after an intervening estate for life or years, and also by one who has a remainder or reversion for life or years only, and each of them shall recover such damages as he has suffered by…

An heir may bring and maintain an action for waste done in the lifetime of his ancestor, as well as in his own lifetime.

If a vendor or tenant of land commits any waste thereon, after he has sold his interest in it, but while he remains in possession, he shall be liable to the party injured for damages.

If a tenant in common, joint tenant or parcener commits waste, he shall be liable to his cotenants jointly or severally for damages.

If, in any action for waste, the jury finds that the waste was wantonly committed, judgment shall be entered for three (3) times the amount of the damages assessed.