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One who neither owns nor is in possession of land trespassed upon may not maintain action to restrain trespass or recover damages for trespass. The rent, from the day of the inquest until the time fixed for issuing the writ of possession, shall be computed by the court at the same rate per year as that fixed by the jury for the previous years. Violett's Adm'r v. Violett, 217 Ky. 59, 288 S. 1016, 1926 Ky. LEXIS 7 ( Ky. Exclusive possession: the benevolent wife of god. 1926). CIT Group/Consumer Finance Inc. (In re Wilson), 2007 Bankr. Dujia Zhanyou: Ji Shao de Fu Hei Jiao Qi. Deed to wife of property "to have, to hold and to use as she may wish" gave her fee-simple estate, the words "to use" not restricting preceding words. Where land was conveyed to railroad for use for use railroad purposes, heirs of grantor had merely a possibility of reverter which would vest at the time the railroad abandoned use of the property for railroad purposes.

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Bailey v. Waddy, 195 Ky. 415, 243 S. 21, 1922 Ky. Exclusive possession of marital home. 1922). In an equitable action for allotment of dower, the court may direct the commissioners as to the character of the division they should make. To raise the trust, it must affirmatively appear that title was taken in the name of the alleged trustee in violation of an agreement, or without the consent of the person paying the consideration. 218 abolishing possibility of reverter and substituting right of entry. Immediate recording — Priority of documents.

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Certificate of notary public that mortgage was signed and acknowledged before him imported verity to the instrument. 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. Elliot S. Birnboim, a Toronto family lawyer with over two decades of experience, created to encourage early intervention in your divorce case so that your rights are preserved, and a fair settlement is achieved. Husband thus took possession of the home and excluded his wife and daughter from the family home. Landlord was justified in procuring attachment where he was under impression that unless he did so he would lose lien for rent, and where it also appeared lessee was insolvent and had mortgaged his share of crop without knowledge or consent of lessor of premises. Where land in question was an island which plaintiff rented to tenants through an agent who controlled the land, plaintiff had possession even though land was not occupied by tenant at time of defendant's entry. Although five (5) of six (6) joint owners of land containing minerals preferred to divide the land, the other joint owner had the right, under KRS 389. He may convey his life estate to one person and the remainder to another. Law that provided that no sale of real estate by trustee by deed of trust was valid nor did it pass title unless the sale was in pursuance of a judgment of court or the maker of the deed joined in writing evidencing the sale was not intended to be universal in cases of trusts, as its language would seem to imply. Clevinger v. Nunnery, 140 Ky. 592, 131 S. 519, 1910 Ky. LEXIS 346 ( Ky. Exclusive possession: the benevolent wife full. See Hatfield v. 1911).

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Administration of oath to member of armed forces in connection with absentee voting, KRS 126. To start limitations running against the owner of a mineral estate in land, the entry into possession of the mineral estate must be accompanied by such open, notorious, and adverse acts as would be sufficient to set the statutes running in favor of one in possession of the surface of the land. "Burial ground" means any public or privately owned parcel of land upon which a person or persons are interred or buried. Any contemplated improvement shown shall be labeled either "MUST BE BUILT" or "NEED NOT BE BUILT. If a rule or regulation is adopted after the tenant enters into the rental agreement that works a substantial modification of his bargain it is not valid unless the tenant consents to it in writing. White v. White, 59 Ky. 185, 1859 Ky. LEXIS 76 ( Ky. 185 9). For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under KRS 385. He was the one who provoked her first, but in the end she was bullied, tied to the bed, wiped clean, and given a lifetime title. Article: From Main Street to Wall Street: Mortgage Loan Securitization and New Challenges Facing Foreclosure Plaintiffs in Kentucky, 36 N. 395 (2009). Living situations can become particularly precarious during a divorce. Upon this deposit, if the appellant fails to prosecute his appeal, he and his surety shall be liable for the damages for withholding the possession which the appellee may be entitled to recover against the appellant, during the pendency of the appeal, either in the Circuit Court or Court of Appeals, as well as the reasonable expenses of the appellee in defending the appeal. An owner of an undivided interest in land should not be deprived of his right to have his interest set apart to him because he could not file title papers, because cases may arise when it is not possible to file the title papers or copies thereof, and in such cases it is only necessary to comply as nearly with the provisions of this section as possible. Poulos, 276 Ky. 143, 122 S. 2d 996, 1938 Ky. LEXIS 522 ( Ky. 1938). What is Exclusive Possession of the Marital Home. Johnson, 272 Ky. 234, 113 S. 2d 1132, 1938 Ky. 1938).

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Creditor could not rely on an amendment to KRS 382. Ordinary repairs are such as result from ordinary wear and tear of the building and its decay but extraordinary repairs are something greater than this or such as are made necessary by some unusual or unforeseen occurrence which does not destroy the building but merely renders it less suited to the use for which it was intended. Naville v. American Mach. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. Contract for portion of crop for rent — Rights of landlord — Purchasers of crops. — — Death of Life Tenant. Countrywide Home Loans, Inc. Gardner (In re Henson), 2008 Bankr. Caldwell's Kentucky Form Book, 5th Ed., Answer Asserting Payment for Repairs Made by Tenant Under KRS 383.

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Oral agreement by adjoining landowners, in settlement of bona fide boundary dispute, as to location of boundary line, executed by erection of joint division fence and subsequently acquiescence, is valid, and is not prohibited by statute of frauds or provisions as to formality of deeds. 655, 47 S. 342, 71 L. 825, 1927 U. LEXIS 731 (1927). Christian County Clerk v. Registration Sys., 515 Fed. If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in KRS 383. It is the rule in this state that the law favors a division of land in kind rather than a sale and a division of the proceeds and this rule particularly obtains where the property sought to be divided or sold is farmland or other parcels of real estate reasonably susceptible of division. 9125 or this section shall be made by a professional land surveyor, licensed architect, or professional engineer.

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CHAPTER 382 Conveyances and Encumbrances. Sparks, 43 S. 220, 19 Ky. 1211 (1897). The deed or other instrument shall express the intent of the joint tenant to partition the joint tenant's interest in the real property and shall be recorded at the office of the county clerk in the county where the real property or any portion of the real property is located. 222, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in KRS 385. Where the devise was to daughter for life, then to her lawful heirs, son of the daughter, as a contingent remainderman, could mortgage his contingent interest. Rutherford v. Azarch, 266 Ky. 559, 99 S. 2d 719, 1936 Ky. 1936). Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source. An affidavit by the petitioner that: - No person has been buried in the cemetery lots in question for a period of at least one hundred (100) years; and. Jones, 78 F. 2d 601, 1935 U. LEXIS 3801 (6th Cir. Definitions for KRS 382. Where fact of transfer of note was not noted on margin of deed book as required by this section, children of maker of note receiving as creditors and not as heirs of father's estate were not bound by father's knowledge of claim against him based on note and creditor holding the transferred note could not compel contribution after settlement of estate although she had no actual notice of the settlement. Du Bois' Adm'r v. 1938).

Estill, 68 S. 1081, 24 Ky. 559, 1902 Ky. LEXIS 436 (Ky. 1902). If there are children involved in the divorce, a judge will likely ensure that the parent who has the majority of timesharing with the children remains in the marital home.

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