Real Estate Law Blog

Kentucky Legislature Tweaks "Full Name" Requirement on Deeds Yet Again

For the third year in a row, the Kentucky legislature has tweaked KRS 382.135, once more revising the “full name” requirement on a deed.

Prior to 2016, KRS 382.135 did not explicitly require a name on a deed for real property. The Kentucky legislature changed KRS 382.135(1) to include that a deed must contain “the full name of the grantor and grantee” of the property. Here, the problem is that the legislature failed to define “full name” for individuals or businesses, which caused confusion for both. Kentucky’s Attorney General subsequently produced an opinion, OAG 16-006, that the “full name” of an individual means, at minimum, that individual’s surname and “some combination of a personal name or initials.” The AG completely sidestepped the issue of business names, and this opinion on individual names isn’t binding in Kentucky courts anyway. More >

How a Restrictive Covenant Can Be Anything But

Restrictive covenants can be a protective measure to prevent competing uses, or they can be a thorn in the side of someone attempting to develop land subject to one. These clauses, whether set forth in deeds or as separate covenants, place restrictions on the uses of the property. Further, unless they have a particular expiration date, they run with the land despite future transfers. Whatever the intended effect of a restrictive covenant, they tend to be viewed with higher levels of scrutiny by the courts, as restrictions on land in perpetuity run against public policy preferences that hold that land should be given as freely as possible. In other words, you must choose the words of a restrictive covenant very carefully, or the provision may not mean what you think, or have the effect you intend. More >

Easements Made Easy: The Basics of Easements on Real Property

Easements are one of those real estate concepts on which it’s difficult to get a consensus. To some, they are harmless items that can be ignored. To others, they are a fatal encumbrance on a piece of property, restricting its use and diminishing its value. While both opinions may be true depending on the circumstances, the fact is that easements generally fall somewhere in between those two extremes. To understand why, it is important to have a general understanding of what easements are and how they affect real property rights. More >

Do I Really Need a Real Estate Attorney?

A question I commonly encounter is why a buyer or seller needs an attorney’s assistance for the sale, purchase, or refinancing of property. A title company ensures that the title to a piece of real estate is legitimate and then issues title insurance for that property…why involve another party in the process? The answer is simple – because attorneys do what title companies cannot. Title companies, and their employees, are prohibited from providing any type of legal advice to those in the closing process. More >