# Typical KY Title Opinion & Certification



## LuLuToo (Dec 19, 2015)

We are in the process in purchasing property in KY. The property has no structure on it. We've never owned property in KY. We viewed/signed the offer through the listing realtor.

In preparation for the closing (which has been delayed more than once due to a funeral in the seller's family, an error in the paper work, large snow in that area, and hospitalization of the seller), we had a title search done, of course. This title search looks different from anything either of us have ever seen. What is typical language for a 'Title Opinion and Certification' in Kentucky? 

This one lists several things which are of concern to us. These are enumerated as 'Exception Paragraphs'. It looks like this is just CYA legalities, but we just don't know. 

We are going to contact an attorney in Kentucky, but just wondered what anyone here could tell us.

Thanks!
LuLu


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## beowoulf90 (Jan 13, 2004)

No clue here, but will be interested in what you find..


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## Crankin (Jul 13, 2015)

Ask the one who searched the title. 

Perform your own title search. It is fun.

I put $1000 down for some KY land and during my own title search found that the land property lines were not really known by the seller. Neither of us were using a realtor. I couldn't follow through on the purhase.


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## LuLuToo (Dec 19, 2015)

Well, we closed on the property yesterday. It turns out that there actually was a small amount deeded separately to the same person(s) who owned the larger property. Originally, that deed wasn't included. After doing our own title search (Crankin is right. It was fun.), we took our findings back to the realtor. From there, it went to an attorney. We ended up with two separate deeds. Also, we found that the language in the title opinion was the norm for the state of KY. All is well that ends well! 

LuLu


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## Declan (Jan 18, 2015)

LuLuToo said:


> Well, we closed on the property yesterday. It turns out that there actually was a small amount deeded separately to the same person(s) who owned the larger property. Originally, that deed wasn't included. After doing our own title search (Crankin is right. It was fun.), we took our findings back to the realtor. From there, it went to an attorney. We ended up with two separate deeds. Also, we found that the language in the title opinion was the norm for the state of KY. All is well that ends well!
> 
> LuLu


Congrats. Sorry I did not see your post earlier. Not in KY but I could have given you the list of pretty standard exceptions beyond taxes, judgments, restrictions, etc. In our area they are:

-- Exception is made for unfiled mechanic's and materialmen's liens for the period within which they might be filed. There are none of record at this time.

-- Exception is made for easements in place which might be revealed by an inspection of the property.

-- Property is subject to the provision of local zoning ordinances, which you should investigate to determine their effect upon the property.

-- Exception is further made for utility easements including water, sewage, telephone and electric lines serving subject property.

-- Exception is made for all matters which would be disclosed by a recent survey of the property. A new survey is always advisable.

-- Exception is made for all matters which would be disclosed by a proper environmental audit of the property.

-- Property may be subject to rights not revealed by the records, including possible rights of adverse possessors, easements by implication or prescription or unrecorded leases for less than five (5) years. Furthermore, this opinion does not certify to or indemnify you for errors or omissions in public records, or for any defects in title not shown by the public records such as forgeries, conveyances by mentally incompetent persons or minors, and undisclosed marriages or re-marriages. Exception is made for any interest of a surviving spouse in a decedent's estate.

In KY there may be something about mineral rights. They basically don't pass with title in my state, but may or may not in yours.


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## Crankin (Jul 13, 2015)

I have to ask....where in KY? I grew up in Versailles and I have Lived in Georgetown, Lexington and Boonesboro.


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## LuLuToo (Dec 19, 2015)

Near Frenchburg.

LuLu


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## LuLuToo (Dec 19, 2015)

Oh, but we looked at a really nice place in Boonesboro! We really liked it, but it was perhaps a bit too remote for us. I believe it was 74 or 75 acres for about $94,000. It had a beautiful, newly built 2-acre lake that is just gorgeous. I just happen to have a few pics, still. It would surely make someone a great place. We did not get out and walk the whole property -simply because it was just too remote for us. The next property back is about the same size and I believe an older, single gentleman just purchased it. That property adjoins Daniel Boone National Forest. Then, just on the other side of the lake, there is a strip that runs along this property. That piece is landlocked with access only, but it also adjoins the National Forest. Just before you enter this particular property, there is a house and the man has lived in the area all his life. I only saw a few houses, to be honest. The lake is amazing!

LuLu


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## Declan (Jan 18, 2015)

Oh if that was near me at that price, that would so be mine right now.


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## LuLuToo (Dec 19, 2015)

And HERE is the piece we actually bought! We are SO excited about it!

LuLu


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## thekyrc (Feb 13, 2016)

Good ol bluegrass..


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