351.173 Notice of possibility of subsidence -- Language required in deed of

186 words·~1 min read·/ky/351-173

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

conveyance.

(1)Any person may file a notice in the alphabetical cross-index in the county clerk's

office in the county where underground coal mining has occurred stating that the

mineral has been extracted and that the surface overlying or adjacent to the

underground workings may be subject to subsidence. The notice shall be indexed

under the name of the current surface owner or lessee of record whose land overlies

the underground workings, as well as that of the mineral owner and lessee, and shall

be noted on the deed of conveyance in each future conveyance of both the surface

and mineral estate. The language in the deed of conveyance shall state the

following:

"THE COAL UNDERLYING THIS PROPERTY HAS BEEN EXTRACTED

AND THE SURFACE OVERLYING OR ADJACENT TO THE

UNDERGROUND WORKINGS MAY BE SUBJECT TO SUBSIDENCE.

ANY STRUCTURES ERECTED HEREAFTER SHOULD BE DESIGNED

AND CONSTRUCTED SO AS TO PREVENT OR MINIMIZE ANY

SUBSIDENCE DAMAGE."

(2)The failure to include the required language in the deed shall not affect the validity

of the deed as between the parties or constructive notice upon the recording of the

deed.