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Rogers v. Redmond, 727 S. 2d 874, 1987 Ky. 1987); Thomas v. Cohen, 304 F. 3d 563, 2002 FED App. The custodian so designated has the rights of a successor custodian. Assignee of a lease takes it subject to all covenants contained in it. Tax assessments — Individual liability — Forfeiture or sale. Note, Ward v. Harding: Kentucky Strips Miners of Dominate Rights, Burying a Century of Litigation, 21 N. 649 (1994). Exclusive property of the wife is called. A purchaser seeking to show that he is an innocent purchaser without notice of the pendency of an action involving a controversy as to rights in the land purchased cannot rely on the fact that a notice of the pendency of the action was not filed, but he must show that he did not know of the action, and relied on the record title. S. 401(h) of the Pennsylvania Divorce Code provides that temporary exclusive possession of the marital residence may be granted to a spouse where the other spouse voluntarily leaves the marital home and establishes a residence elsewhere and where the best interests of the minor children dictate that they remain in the marital home. The law is well settled that property added to the plant of a street railroad, and which becomes an essential and integral part of its road, passes under a mortgage previously executed and recorded covering its entire property and road constructed and to be constructed, although the property is furnished under a contract by which the title is to remain in the seller until payment is made. 9185 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of KRS 381. This shall include a service animal specifically trained or equipped to perform tasks for a person with a disability, or an emotional support animal that provides support to alleviate one or more identified symptoms or effects of a person's disability; and. Property subject to distress or attachment for rent — Damages for illegal distraint, attachment, or wrongful removal. Recording of conveyance for longer than five years and of marriage agreement.
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Wiser v. Shacklett, 208 Ky. 317, 270 S. 754, 1925 Ky. Who Has Exclusive Possession of My House. LEXIS 276 ( Ky. 1925). Where husband, who held insured property with wife as tenants by entireties, murdered wife, neither he nor his heirs could claim all of the property under a right of survivorship; equity dictates under the circumstances that the property be divided equally between the husband or his heirs and the heirs of the deceased spouse. To which, after July 15, 2010, the laws of this state are made applicable by transfer of the situs of a trust to Kentucky, by a change in the law governing a trust instrument to Kentucky law, or otherwise.
In applying this section and KRS 381. 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. Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by KRS 381. Testator is presumed to have knowledge of this section. Measure of damages for condemnation of cemetery lands. Recitation in deed that mineral rights "belong" to named persons, not parties to the deed, did not constitute conveyance of mineral rights to them. Union Gas & Oil Co. Exclusive possession of marital home. Wiedeman Oil Co., 211 Ky. 361, 277 S. 323, 1924 Ky. LEXIS 26 ( Ky. 1924).
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When No Trust Results. Execution and acknowledgment. Bequests of intangible property to minors. 270 and properly recorded pursuant to KRS 382. Landlord was entitled to superior lien to chattel mortgage to extent of four (4) months' rent, where tenant, while occupying leased hotel, gave mortgage on furniture to secure loan, and thereafter, although not then in default for rent, vacated premises while term had more than two (2) years to run. This section applies uniformly to all members of the classes named throughout the state and its general legislation and not special or local legislation in violation of Const., § 59. Plaintiff's nonpayment of rent for more than a year after the lease expired could not possibly have manifested an intent to renew. Bratt, A Primer on Kentucky Intestacy Laws, 82 Ky. 29 (1993-94). Exclusive possession: the benevolent wife movie. Housing Authority of Harlan, 533 S. 2d 217, 1976 Ky. LEXIS 110 ( Ky. 1976). When a release did not recite the date of execution of the mortgage on a second parcel of property or at a minimum the correct deed and page recitation as required by KRS 382. Coal Run Homemakers Club, 440 S. 2d 267, 1969 Ky. LEXIS 339 ( Ky. 1969).
The double damages or double the value of the property sold provided for in subsection (2) of this section is in the nature of a penalty for which the person wrongfully suing out the attachment or distress is alone liable. Street v. Cave Hill Inv. The declaration may provide: - That different allocations of votes shall be made to the units on particular matters specified in the declaration; and. Although it was determined that a commercial property lessee had asserted no valid right, title, interest in, or claim to the disputed premises, as it had the right to maintain its notice of lis pendens throughout the pendency of the action pursuant to KRS 382. Rather, "additional indebtedness" refers to new, future, or additional amounts loaned between the parties. A landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: - The person authorized to manage the premises; and. It is a court process that the district court clerk should prepare the warrant or summons in actions for forcible entry or detainer. Waiver of regime — Effect of encumbrances. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. Union Bank & Trust Co. Bassett, 253 S. 2d 632, 1952 Ky. LEXIS 1124 ( Ky. 1952). The non- resident spouse's interest is considered at the time of Equitable Distribution as if he or she had not left the marital home. 9167(1)(j) to (l), shall be secured by the lien and enforceable as assessments under this section.
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Petrilli, Kentucky Family Law, Minors, § 30. The declaration shall not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons. Insufficient Statement. 815. refers shall express the following particulars: - The description of the land, whether leased or in fee simple, and the building, expressing their respective areas; - The general description and the number of each unit, expressing its area, location, and any other data necessary for its identification; - The description of the general common elements of the building; and. Board v. Luigart, 150 Ky. 791, 151 S. 9, 1912 Ky. LEXIS 998 ( Ky. See Rothenburger v. Dix, 254 Ky. 107, 71 S. 2d 30, 1934 Ky. 1934). The percentage of interest in the common elements of the units being formed shall be in proportion to the floor area of the original unit and shall, when taken cumulatively, total the same percentage of interest in the common elements as that of the original unit; - Any further provisions that would serve to clarify the changes being made. "Roomer" or "boarder" means a tenant occupying a dwelling unit: - Which lacks at least one (1) major bathroom facility or kitchen facility, such as a toilet, refrigerator, or a stove; and. Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational counseling, religious, or similar service. See Crawley v. Crawley, 231 Ky. 831, 22 S. 2d 268, 1929 Ky. LEXIS 366 ( Ky. 1929). Every conceivable interest in, or claim to, real estate, whether present or future, vested or contingent, and however acquired, could be disposed of by will. Owners of particular estates of freehold in possession or in estates for years, in unimproved or unproductive lots in cities in which other persons are the owners of the reversion or remainder, may, within ninety (90) days after the interest or estate in such lots ceases, remove any improvements they have erected thereon. Peoples Bank v. Stout's Feed Store, Inc., 2003 Ky. LEXIS 680 (Ky. May 23, 2003). Eighty percent (80%) of the unit owners, including every owner of a unit or assigned limited common element which will not be rebuilt, vote not to rebuild. Cities Service Oil Co. Taylor, 242 Ky. 157, 45 S. 2d 1039, 1932 Ky. LEXIS 235 ( Ky. 1932).
Under subsection (1) of this section no petition is required and KRS 425. When a person takes a lien upon an undivided interest in land, he must receive it with the understanding that his lien will follow upon the particular interest wherever placed in the division. Will providing for disposition of property should devisee "die childless" or "die without issue" refers to devisee's death at any time and not to his death before that of testator. Where a claimant enters upon land under a deed describing a boundary with sufficient accuracy that it can be run by a surveyor, and the boundary lines have been located and plainly marked, he is in actual possession to the full extent of the boundary described in his deed so long as he is in the actual possession of any part thereof claiming the whole, except insofar as portions thereof are held adversely by actual occupancy and user. The words "in trust to our said son during his life and then to his lawful heirs with no power to said son over the same or to sell or dispose of the same" conveyed a mere life estate to the son and the son's widow was not entitled to dower. See Uniform Commercial Code KRS 355. There is no specific time limitation for filing and enforcing lis pendens.
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This section has not changed the general equity rule that a suit to quiet title cannot be maintained except by one having both legal title and possession. § 544(a)(3), specifically prohibited trustees from having actual knowledge of the security interest; thus, the trustee could only be charged with constructive notice. All interior hallways, stairways, and other interior space, including all fixtures located within these spaces, that are located outside of a unit shall be limited common elements allocated exclusively to the units appurtenant to or otherwise accessible from such interior spaces. Layne, 162 Ky. 665, 172 S. 1090, 1915 Ky. 1915). A constructive trust is one not created by any words either expressly or impliedly evidencing a direct intention to create a trust, but by the construction of equity in order to satisfy the demands of justice. Cornett v. Maddin, 277 Ky. 480, 126 S. 2d 871, 1939 Ky. LEXIS 680 ( Ky. 1939). Lessee who remained in possession for 90 days after the expiration of the term though its subtenants obtained the right to remain for the whole year holding under the contract, and so on from year to year until the premises were abandoned, or the landlord recovered possession, or made a new contract. Larimore v. See Stone v. Keith, 218 Ky. 11, 290 S. 1042, 1927 Ky. LEXIS 92 ( Ky. 1927). Within thirty (30) days after the last advertisement, any party having a claim to the cemetery or any lot therein or to the mortal remains of a person interred therein, may file his claim in the said proceeding for damages as compensation for the value of his interest in the cemetery or lot to which he has claim. An agreement of owners that money be used for charitable purposes, constituting a gift void for uncertainty, could not support a valid executed trust, by the one named as trustee bequeathing it in trust for named beneficiaries.
Where mortgage erroneously stated that there was "a promissory note of even date, " although there were actually 11 promissory notes, but did state that the principal sum owing was $86, 600. This percentage shall be computed by taking as a basis the floor area of the individual unit in relation to the floor area of the property as a whole. Brammer v. Wallace, 198 F. 2d 742, 1952 U. LEXIS 3235 (6th Cir. Where part of the land so held shall be situated in this state and part in another state, the court may, in making partition, take into consideration the value of all of said land, and set apart to those resident in this state land in this state equal to their full share of all said land, securing, by proper deeds and orders to the nonresidents, release of the interest of such residents in the lands in the other state or territory. The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under KRS 385. Omission of words of inheritance together with other words used and necessary inference from them manifested testator's intention to devise to wife merely a life estate.
Wilson, 313 Ky. 572, 232 S. 2d 837, 1950 Ky. 1950). Co., 392 S. 3d 421, 2013 Ky. LEXIS 13 (Ky. 2013). If only one (1) of the multiple owners of a unit is present at a meeting of the association, he or she is entitled to cast all the votes allocated to that unit. Recording motor vehicle liens. This section only applies to contracts which are not deeds; the instrument in question was a deed and was governed by KRS 382. The right of reversion is recognized by this section. Immediate recording — Priority of documents. This and related sections do not authorize a contingent remainderman to maintain an action for waste against a life tenant. A devise to X for life, remainder on his death to his then living children, creates only a contingent remainder. This section applies to all executions, whether issued before or after the enactment of the statute. A deed may not be properly recorded unless the statute is complied with, but although it is not properly recorded it is a valid transfer of title effective as between the grantor and the grantee.