| Deed & Condo Deed Index |
| Return to Land Records Main Index |
| Affidavit in Aid of Title or Affidavit in Support of Title |
|
County Clerk must NOT file a document in Land
Records titled an “Affidavit in Aid of Title” or “Affidavit in
Support of Title". Kentucky Revised Statutes do not
authorize the County Clerk to accept this type document, except in very few exceptions. Effective July 12, 2006 county clerks will be authorized to accept the following specific affidavits per Senate Bill 45. |
Return to Top of Page |
|---|
Return to Top of Page |
|---|
| Affidavit of Descent or Affidavit of Heirship |
|
KRS 382.120 (Filed when a person dies intestate or without a
will) The affidavit, per KRS 382.120, must have:
The clerk shall request a return mail address (KRS 382.240) The affidavit shall be filed with the clerk of the county in
which the property is situated. It shall be recorded in the record
of deeds and indexed in the general index of deeds, in the name of
the deceased (ancestor) and the affiant as the first party and in
the name of each receiver (heirs at law and next of kin) as the
second party, in the same manner as if such named occurred in a
deed of conveyance from the deceased (ancestor) to the heirs at
law. |
Return to Top of Page |
|---|
Return to Top of Page |
|---|
| Agreement |
An agreement associated with real property, signed by the parties to it and acknowledged or proven, as deeds are required to be, it may be entered of record in the office of the county clerk of the county in which the land is situated. KRS 382.080
Indexing information: The document is filed in the deed book and indexed in the general index to deeds and mortgages under all parties. Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240) Exceeding 3 pages, $3.00 per page KRS 64.012 |
Return to Top of Page |
| Agreement for Division Fence |
| Persons owning adjoining lands may agree to erect
division fences between them and keep them in repair. If the agreement is reduced to writing, signed by the parties to it and acknowledged or proven, as deeds are required to be, it may be entered of record in the office of the county clerk of the county in which the land is situated, and shall have the same effect as a deed. First party and their mailing address (KRS 382.135, KRS 382.200, KRS 256.020) Second party and their mailing address (KRS 382.135, KRS 382.200, KRS 256.020) Legal description of all affected properties (Common Law) and OAG 81-100 Source of title (KRS 382.110) Preparation statement (KRS 382.335) Return mail address (KRS 382.335 & KRS 382.240) All parties must sign the document and all signatures must be acknowledged. Indexing information: The document is filed in the deed book and indexed in the general index to deeds and mortgages under all parties. Click for Fee Schedule |
Return to Top of Page |
|---|
| Assignment of Rents and/or Leases |
|
The document must have the following information:
The clerk shall request a return mail address (KRS 382.240) The borrower must sign the document, and the signature must be acknowledged. This document is filed when a borrower uses fees collected under rental or lease agreements as additional security for a mortgage. When it is filed simultaneously with a mortgage, the mortgage should be timed in first. (KRS 289.441) Statutes covering Assignments of Rents/Leases – See KRS 289.441 & KRS 304.7-230) Indexing information: The document is indexed in the general index to deeds and mortgages under both parties. The borrower or assignor is the first party, the lender or assignee is the second party. OAG 80-3 indicates this document may be filed in the deed, mortgage or miscellaneous book. It is the discretion of the clerk. However, the OAG recommends the Mortgage book. “*The legal process fee of $3.00 is included in this document also due to the wording in OAG 80-3. “The instrument involved here is a unique creature unto itself, but it contains the characteristics of both a deed and a mortgage. It is a straightforward transfer of an interest in realty for a term and thus is like a deed. Yet it also stands as a security for an obligation...”. Both deed and mortgage require a legal process fee. |
Return to Top of Page |
|---|
| Condominium Deeds |
|
KRS 381.810 The document must have the following:
The grantors must sign the deed and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement the signatures must be notarized. (KRS 382.135 & KRS 382.130). The document must be filed in the county clerk’s office of the county where the property is located (or the greater part). KRS 382.110. See the section on Consideration Certificate for additional information. Indexing information: The document is filed in the deed book or condominium deed book, if one is maintained. (OAG 62-517, the horizontal property act does not require the establishment of a separate deed book, although clerks may do so, if circumstances make it desirable.) The document is indexed in the general index to deeds and mortgages, unless a separate index for condominiums is used, under both parties’ names. The first party is the seller (grantor), the second party is the buyer (grantee). Transfer tax is collected on the consideration in the deed per KRS 142.050. The tax is computed at the rate of $.50 for each $500 of value or fraction thereof. The transfer tax applies to the value listed in the deed and is imposed upon the grantor. KRS 142.050(7) lists the types of deeds that are exempt from this tax. Click for Fee Schedule |
| Condominium Mortgages |
|
The document requires:
The clerk shall request a return mail address (KRS 382.240) |
Return to Top of Page |
|---|
| Consideration Certificate |
|
KRS 382.135 Provides that a statement of consideration be on virtually all
deeds. The statement shall be sworn and notarized by both parties
as to the true consideration in the deed.
In the case of a transfer either by gift or with nominal or no consideration, a sworn, notarized certificate signed by the grantor or his agent and the grantee or his agent, or the parent or guardian of a person under eighteen (18) years old, stating that the transfer is by gift and setting forth the estimated fair cash value of the property. In the case of an exchange of properties, the fair cash value of the property being exchanged shall be stated in the body of the deed. In the event of a transfer of property by will or under the laws of intestate succession, the personal representative of the estate, prior to closing out the estate, shall file an affidavit with the county clerk. See Affidavits for specific filing requirements. OAG 96-21 Deeds of nominal or no consideration and deeds of gift require the statement stating the fair market value of the property. ** It is important to note that although the document does not require a consideration certificate, transfer tax is still due. The preparer should offer some supporting documentation for the county clerk as it relates to real estate transfer tax due. Rev. 10/25/05 |
Return to Top of Page |
|---|
| Dam and Electric Companies May Make Surveys and Condemn Property |
| KRS 413.130 1. Before entering upon any land for survey purposes, the corporation shall deposit with the clerk of the county in which the property is located, a bond to the Commonwealth in a penal sum fixed by the county judge/executive at not more than double the last assessed valuation of the property to be surveyed or examined, conditioned to indemnify all persons for actual damages sustained on account of making any examination or survey. Filing of Bond: Clerk $14.00 KRS 64.012 2. When the location of the dam or other structure, and the land that may be overflowed by the erection of the dam, is determined, the corporation shall cause a survey and map to be made of the land to be taken and entered upon, which map shall be signed by the president and secretary and filed in the office of the county clerk of the county in which the land shown on the map is situated. Survey Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240) Exceeding 3 pages, $3.00 per page KRS 64.012 Map/Plat (counties without planning commission) Filing fee: $20.00 ($20.00 clerk fee) Map/Plat (counties with planning commission) document must have planning commission approval Filing fee: $20.00 ($20.00 clerk fee) Additional expenses can be charged if a planning commission is involved. For example: an expense fee for having the mylar reproduced as a blue line by the county engineer. Fayette County has a $10.50 expense fee - the total filing fee for a plat in Fayette County is $30.50.) |
Return to Top of Page |
| Deed of Correction |
| A deed of correction may be prepared to clear up a defect in
title or to correct a mistake. An example may be the number of acres, or a source of title. A deed of correction does not convey interest in land. It is important to note that the original grantor and grantee must be the same in a deed of correction. One cannot add, remove or change a grantor or grantee in a deed of correction. If the deed includes any other parties it is NOT a deed of correction. Recording of deeds, KRS 382.110 The document must have:
The document must state that it is a deed of correction and must refer to the deed it is correcting. A deed of correction does not require a consideration statement.(KRS 382.135(2)(e). The grantor must sign the deed and the signatures must be acknowledged (notarized). (KRS 382.130) The document must be filed in the county clerk’s office of the county where the property is located (or the greater part). KRS 382.110. Indexing information: The document is filed in the deed book and indexed in the general index to deeds and mortgages under both parties. The first party is the seller (grantor), the second party is the buyer (grantee). Transfer tax would only be collected if the consideration amount has been changed. Transfer tax is collected on the consideration in the deed per KRS 142.050. The tax is computed at the rate of $.50 for each $500 of value or fraction thereof. The transfer tax applies to the value listed in the deed and is imposed upon the grantor. KRS 142.050(7) lists the types of deeds that are exempt from this tax. If the consideration has changed a consideration certificate is required and the grantor and grantee must sign with signatures notarized. Click for Fee Schedule A Deed of Correction does NOT require additional legal process tax. |
Return to Top of Page |
|---|
| Deed of Easement |
| Definition (Black’s Law Dictionary): A right of
use over the property of another. Traditionally the permitted
kinds of uses were limited, the most important being rights of way
and rights concerning flowing waters. The easement was normally
for the benefit of adjoining lands, no matter who the owner was,
rather than for the benefit of a specific individual… A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property in the owner. An interest which one person has in the land of another. A primary characteristic of an easement is that its burden falls upon the possessor of the land from which it issued and that characteristic is expressed in the statement that the land constitutes a servient tenement and the easement a dominant tenant…. Document must have:
*Documents that convey only utility easements do not require a consideration certificate, but must have a fair cash value. To be recorded in the deed book and indexed in the general index to deeds. Indexed under both parties and each parcel affected. The first party is the seller (grantor). The second party is the buyer (grantee). Click for Fee Schedule |
Return to Top of Page |
|---|
| Deed of Restrictions |
|
AKA Deed of Restrictions and Covenant or Deed of Covenants and Restrictions or Deed of Restrictive Covenants. Document is filed in the deed book or the condominium deed
book. (If it applies to a condominium and a separate deed book is
maintained.)
The document must be: signed by the person or entity imposing the restrictions on the property and the signature notarized. (KRS 382.135 & KRS 382.130 Indexing information: Indexed in the index to deeds (or condo index in some cases) under the names of the grantor of the restrictions and under the name of the subdivision etc. upon which they are being placed. The first party is the owner(s) of the property, the second party is the name of the subdivision or condominium. Click for Fee Schedule Covenants, restrictions and deed of restrictions are addressed in part in OAG 80-616. “A covenant running with the land is one so relating the land, or which so ‘touches and concerns the land’ itself, that its benefit or obligation passes with the ownership irrespective of the consent of subsequent parties. Kentucky is among those jurisdictions committed to the view that restrictive covenants constitute property rights which run with the land.” Therefore, a deed of restriction is recorded as a deed and to the extent possible and has the same recording requirements. No actual land is conveyed, therefore the legal process fee is not charged. |
Return to Top of Page |
|---|
| Deed of Trust or Assignment for the Benefit of Creditors |
| KRS 379.020 (AKA Bankruptcy Deed) Definition for “Assignment for benefit of creditors” A general assignment for benefit of creditors is transfer of all or substantially all of debtor’s property to another person in trust to collect any money owing to debtor, to sell property, to distribute the proceeds to his creditors and to return the surplus, if any, to debtor. Under Bankruptcy Act of 1898, such assignment was an “act of bankruptcy” if made within four (4) months of bankruptcy. Black’s Law Dictionary Definition for Voluntary assignment – An assignment made for the benefit of his creditors made by a debtor voluntarily, as distinguished from a compulsory assignment which takes place by operation of law in proceedings in bankruptcy. Such constitutes as assignment of a debtor’s property in trust to pay his debts generally, in distinction from a transfer of property to a particular creditor in payment of his demand, or to a conveyance by way of collateral security or mortgage. Black’s Law Dictionary The document must have:
Click for Fee Schedule 79.020 DEED OF ASSIGNMENT; RECORDATION; EFFECT OF DEED; SCHEDULE OF ASSIGNOR (1) The deed of assignment shall be acknowledged by the assignor in the same manner as other deeds and shall be recorded in the county clerk's office of the county where the assignor resides, where the business in respect to which the deed is made is carried on, and in each county where a tract of land or the greater part thereof conveyed by the deed is situated. (2) The deed shall vest in the assignee title to all the property, real and personal, with all deeds, books and papers relating thereto belonging to the assignor at the time of making the assignment, except property exempt by law which shall not pass unless embraced in the deed. The intent of the assignor in making the assignment, whether appearing upon the face of the deed or otherwise, shall not invalidate the deed, unless he is solvent and it appears that the assignment was made to hinder or delay creditors. (3) The assignor shall, within five days from the day upon which the deed is lodged for record, file for record in the county where the assignee qualifies a schedule under oath, setting forth the general nature and full value of the property assigned, together with a list of his creditors, their post office address, the amount due each and whether secured by lien or not. |
Return to Top of Page |
|---|
| Deeds |
|
KRS 382.110
See the section on Consideration Certificate for additional information. Have included a Technical assistance bulletin from the Revenue Cabinet. This details document requirements associated with consideration. Indexing information: The document is filed in the deed book and indexed in the general index to deeds and mortgages under both parties. The first party is the seller (grantor), the second party is the buyer (grantee). Transfer tax is collected on the consideration in the deed per KRS 142.050. The tax is computed at the rate of $.50 for each $500 of value or fraction thereof. The transfer tax applies to the value listed in the deed and is imposed upon the grantor. KRS 142.050(7) lists the types of deeds that are exempt from this tax. Click for Fee Schedule Original Signatures – All documents filed with the county clerk must have an original signature unless a specific statute states otherwise. The term “execute” means as follows: To complete; to make; to sign; to perform; … To perform all necessary formalities, as to make and sign a contract or sign and deliver a note. |
Return to Top of Page |
|---|
| Environmental Covenant |
| KRS 224.80-130 thru KRS 224.80-210 Also requirements for environmental covenant amendment or termination An environmental covenant shall:
Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240) Exceeding 3 pages, $3.00 per page KRS 64.012 An environmental covenant and any amendment to or termination of that environmental covenant shall be recorded in the county clerk's office in each county that contains any portion of the real property subject to the environmental covenant. For the purposes of indexing, a holder shall be treated as a grantee. Except as otherwise provided in KRS 224.80-180(3), an environmental covenant shall be subject to the laws of the Commonwealth governing the recording and priority of interests in real property. (KRS 224.80-180(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be deemed an amendment of the environmental covenant.) |
Return to Top of Page |
| Environmental Covenant - Amendment - Termination |
| KRS 224.80-190 An environmental covenant may be amended or terminated by consent only if the amendment or termination is requested as a modification to the corrective action plan approved by the cabinet, and only if the amendment or termination is signed by:
If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the environmental covenant unless:
All parties must sign the document and all signatures must be acknowledged. For the purposes of indexing, a holder shall be treated as a grantee. Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240) Exceeding 3 pages, $3.00 per page KRS 64.012 |
Return to Top of Page |
| Environmental Covenant - Assignment |
KRS 224.80-190
For the purposes of indexing, a holder shall be treated as a grantee. Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240) Exceeding 3 pages, $3.00 per page KRS 64.012 |
Return to Top of Page |
| Land Purchase Contract or Contract for Deed |
|
Document must have:
The clerk shall request a return mail address (KRS 382.240) |
Return to Top of Page |
|---|
| Lease |
The document must have the following
information:
Both parties must sign the document and the signatures must be acknowledged (notarized). (KRS 382.130) Indexing information: The document is filed in the deed book and indexed in the general index to deeds and mortgages. The first party is the lessor. The second party is the lessee. Click for Fee Schedule |
Return to Top of Page |
|---|
| Marital Agreement |
|
AKA Prenuptial Agreement or Antenuptial Agreement
The document must be signed and acknowledged (notarized) by both parties. (KRS 382.130) Indexing information: Based on the order of names on the document the first party is the first party listed on the document. The second party is the second party listed on the document. The statutes are silent on which index and book this document should be recorded in, but it is important for the integrity of records that clerk’s are consistent within their own county. In other words, if you previously recorded these documents in the general index to deeds and mortgages and put them in the deed book, make sure you consistently record them in the same index and book. Click for Fee Schedule |
Return to Top of Page |
|---|
| Master Condominium Deed |
| The Horizontal Property Act of 1962
(OAG 62-517) does not require the establishment of a separate deed
book, although clerks may do so at their discretion if
circumstances make it desirable. The master deed establishes a Horizontal Property Regime per KRS 381.815 and 381.810. Definitions regarding horizontal property are found in KRS 381.810 and recording requirements are listed in KRS 381.835. The document must have:
The clerk shall request a return mail address (KRS 382.240) Indexing information: The document is indexed in the general index to deeds. (It is also indexed in the condominium index, if a separate one is kept.) The first party is the property owner. The second party is the name of the condominium. Click for Fee Schedule Legal Process Tax does not apply to this document. Real Estate Transfer Tax does not apply to this document. |
Return to Top of Page |
|---|
| Notice of Transfer and Assignment of Personal Property |
| KRS 404.020 Property Rights: Contract Rights; Transfer of
Personal Property Between Husband and Wife KRS 404.020 (2) A gift, transfer or assignment of personal property between husband and wife shall not be valid as to third persons, unless it is in writing, and acknowledged and recorded as chattel mortgages are required to be acknowledged and recorded; but the recording of any such writing shall not make valid any such gift, transfer or assignment that is fraudulent or voidable as to creditors or purchasers. Note this statute indicates this document is to be recorded as a chattel mortgage, however it is not part of the Uniform Commercial Code. Since July 1, 2001 the county clerk does not file personal property liens the next most logical place to record this document would be in the Land Records section of the county clerk. The document should appear in the General Index to Deeds and Mortgages. The document must have the following:
Indexing information: The document is indexed in the general index to deeds and mortgages under the names of the Husband and Wife. Click for Fee Schedule |
Return to Top of Page |
|---|
| Option Agreement |
|
These documents grant a party the option to purchase real
estate for a specified period of time. KRS 382.090
The document must be: signed by the grantor and the signature must be notarized. KRS 382.090 & 382.130 Indexing information: The document is recorded in the deed book. It is indexed in the general index to deeds and mortgages under the names of both parties. The first party is the grantor. The second party is the grantee. Click for Fee Schedule |
Return to Top of Page |
|---|
| Power of Attorney |
|
Filing requirements for a power of attorney to convey or
release property are the same as required for recording a deed KRS
382.370.
Document must be:
Indexing information: The parties are indexed in the general
index to deeds and mortgages and the document filed in deed book.
The first party is the person granting the power of attorney. The
second party is the person receiving the power of attorney. |
Return to Top of Page |
|---|
| Power of Attorney Revocation |
|
The document has the same requirements as a Power of Attorney.
(KRS 382.370)
Document must be:
Click for Fee Schedule In order to record a POA Revocation there must be two parties. Refer to KRS 382.370 Basically this statutes says that if a power of attorney is used to convey real estate then the “power of attorney” document must be recorded in the same manner as a conveyance. It also says the only way to revoke the POA is by a written revocation that is also recorded like a conveyance, or a memo of revocation is made on the margin of the original record. (Most offices do not accept marginal notations.) Some conclusions can be drawn from this statute. 1. The POA has to meet specific recording criteria, such as the fact that there must be two parties for a conveyance there also must be two parties for the POA and for a revocation. 2. The statutes do not require a Deed Book and Page number for a revocation. 3. The statute does not require that a Power of Attorney must be filed UNLESS real estate is being conveyed and then the POA must be recorded, however if an individual wants to record a POA it should be accepted as long as it meets the recording requirements. 4. The statutes do not address recording in the county of residency, however since it does address real estate conveyances an assumption can be made that if a POA is used for a real estate transaction it must be recorded in the county where the real estate is located. 5. If real estate was owned in several counties and a power of attorney was signing for the owner, the power of attorney would need to be filed in at least one county. Certified copies could be filed in all other involved counties. |
Return to Top of Page |
|---|