A Kentucky real estate instructor is teaching a class on the requirements for a valid deed in Kentucky. She explains that Kentucky law imposes several essential requirements for a deed to be legally effective to transfer title. Which of the following is NOT a requirement for a deed to be valid and operative to convey real property in Kentucky?
Correct Answer
C) The deed must be recorded in the county clerk's office to be effective between the grantor and grantee
Recording is NOT required for a deed to be valid and effective between the grantor and grantee in Kentucky. Under Kentucky law, a deed is operative to transfer title upon proper execution and delivery to the grantee — recording is required only to protect against subsequent bona fide purchasers and to provide constructive notice to the public under KRS 382.270. The deed is legally effective between the parties without recording.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
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