367.4776 Easement interest.
158 words·~1 min read·
/ky/chapter-367/367-4776A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any natural person who purchases recreational and retirement use land for personal,
family, or household purposes shall have an easement for the use of any common
areas, undeveloped land, improvements, or amenities which are part of the
development in which the person has purchased an interest or which are later added
to the development. An individual person's right to exercise this easement may be
suspended for wrongful nonpayment of maintenance fees.
(2)The easement interest shall be superior to that of any other lien, encumbrance,
license, or other interest in the real property.
(3)Any person who obtained or granted an encumbrance, lien, lease, license, or other
interest in any of the real property upon which the development is located with
actual or constructive knowledge of its intended use as recreational and retirement
use land shall be estopped from denying the validity of the easement.
(4)Any waiver of this right to an easement shall be void.