KY Real Estate study materials
KY Real Estate study resources

KY Real Estate: Real Property Ownership, Interests, Descriptions, and Transfer

KY Real Estate · Work through your exam, one topic at a time.

All guide sections

Real Property Ownership, Interests, Descriptions, and Transfer

Estates and ownership

Fee simple absolute is the largest estate; defeasible fees and life estates are limited. Co-ownership includes tenancy in common (distinct shares, no survivorship) and joint tenancy (right of survivorship, requiring clear language). Kentucky also recognizes marital interests that can require spousal joinder to convey; check the deed and current statute.

Encumbrances and fixtures

Easements may be appurtenant (benefits a parcel) or in gross (personal). Prescriptive easements arise from open, notorious, adverse use for the statutory period. Liens include mortgages, taxes, and mechanics' liens. Fixtures are personal property that become realty by annexation, adaptation, and intention - the intention of the parties usually controls.

Legal descriptions

Metes and bounds begin at a point of beginning and use monuments, courses, and distances. Lot-and-block uses a recorded plat. The government survey uses townships, ranges, and sections; a section is 640 acres, a quarter-section 160 acres. Trap: monuments control over stated distances, and "more or less" does not excuse a material shortage.

Transfer

Deeds require a grantor, grantee, words of conveyance, legal description, and signature. General warranty, special warranty, and quitclaim deeds carry different promises. Delivery and acceptance pass title; recording gives notice. Title insurance protects against covered title defects.

Worked example: A parcel described as beginning at an iron pin, then N 100 ft, E 200 ft, S 100 ft, W 200 ft, contains 20,000 sq ft (100 × 200). If a stated distance conflicts with the iron pin, the monument generally prevails.