Kentucky Real Estate and Deed Attorney

Help With Kentucky Deeds, Titles, and Property Matters

People usually call us about real estate at a turning point. They are buying land, adding a child to a deed, splitting a farm among heirs, or trying to sell a house and finding out the old deed has a problem. The Law Office of Andrea N. Bussell, PLLC handles real estate transactions, property transactions, title issues, boundary disputes, easements and deeds, and property disputes for clients in Carlisle, Paris, and nearby Kentucky counties.

Associate attorney John DeRossett handles real estate transactions for the firm. John was admitted to the Kentucky Bar in 2021 and also practices family law. Andrea N. Bussell works on property questions that come up in probate, divorce, and estate planning.

Deed Preparation and Review

A deed has to meet Kentucky's recording rules before the county clerk will accept it. Under KRS 382.135, a deed to real property must contain:

• The full name and mailing address of the grantor (the person transferring) and the grantee (the person receiving)
• A statement of the full consideration, meaning the price paid
• The in-care-of address where that year's property tax bill should be sent
• A sworn, notarized certificate signed by both sides that the consideration stated is the full consideration paid, or, for a gift or a transfer for little or no consideration, a certificate stating that it is a gift and giving the estimated fair cash value

KRS 382.335 adds that the clerk will not record a deed unless it carries a signed statement with the name and address of the person who prepared it, along with the grantee's mailing address. Under KRS 382.110, the deed must also refer to the source from which the grantor got title, and it is recorded in the county clerk's office of the county where the property, or the greater part of it, is located.

Recording matters. Under KRS 382.270, a deed is not valid against a later buyer who paid value without notice of it, or against creditors, until it is acknowledged or proved and lodged for record. We prepare deeds, review deeds someone else drafted, and make sure the paperwork that goes to the clerk is complete.

Contracts and Closing Issues

A purchase contract sets the price, the closing date, and what happens if financing falls through or an inspection turns up a problem. Once it is signed, those terms are hard to change. We review contracts before you sign, explain what each section means for you, and help with questions that come up between contract and closing, such as a survey that does not match the description or a seller who needs more time.

For sales between family members or neighbors without an agent, we can prepare the contract and the deed.

Title, Ownership, and Transfer Issues

Title problems often stay hidden until someone tries to sell or borrow against the property. Common ones include a name spelled wrong on an old deed, a legal description that does not match the land, a mortgage that was paid off but never released, or a parent who died owning the property with no estate ever opened.

Some problems are fixed with a corrective deed. Kentucky exempts a deed that only corrects an error in an earlier deed between the same grantor and grantee from the consideration statement and certificate requirements under KRS 382.135(2). Others take more work, such as tracking down heirs. We look at the record and lay out the options.

Real Estate Tied to Probate or Divorce

When land passes by will or without a will, KRS 382.135(4) requires the personal representative, before closing the estate, to file an affidavit with the county clerk of each county where the property is located, listing who receives it and its value. For help with estate planning and deed issues, including how property should be titled in a plan, see our estate planning and probate page.

In a divorce, the marital home or farm often has to be transferred from one spouse to the other. Under KRS 382.135(2), a deed that transfers property through a court action in a divorce is exempt from the consideration statement and certificate requirements, but it still has to be prepared and recorded correctly. Our Kentucky divorce attorney page explains how property is handled in a divorce.

Boundary Disputes and Easements

Boundary disputes usually start small: a fence in the wrong place, a driveway that crosses a corner, or a neighbor who clears trees on land you thought was yours. An easement is a right to use someone else's land for a set purpose, such as a road to a back field or a utility line. Both depend on what the deeds, plats, and surveys actually say, and sometimes on how the land has been used for many years.

We start by reading the recorded documents and any survey, then talk with you about whether the issue can be settled with the neighbor, fixed with a new deed or written easement, or needs to go to court.

Kentucky Counties We Serve for Real Estate and Deeds

Deeds are recorded with the county clerk where the land sits, and we work with property in twelve counties from offices in Carlisle and Paris: Nicholas, Bourbon, Harrison, Fleming, Mason, Montgomery, Bath, Pendleton, Bracken, Scott, Fayette, and Woodford.

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What to Bring

Bring what you have. We can pull recorded documents from the county clerk if you do not have copies.

• The current deed, or the deed book and page number if you know it
• Any survey or plat of the property
• The purchase contract, if there is one
• The most recent property tax bill
• Full legal names and mailing addresses for everyone who will sign or receive the deed
• If an owner has died: the death certificate and any probate papers or will

Frequently Asked Questions About Kentucky Deeds and Real Estate

Start Your Deed or Real Estate Matter

Offices in Carlisle and Paris. Twelve Kentucky counties served.

Complete the secure deed preparation intake form to give us the details of your property, or call to speak with our office.

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