382.440 Memorandum of actions affecting real property to be filed.
317 words·~1 min read·
/ky/chapter-382/382-440A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)No action, cross-action, counterclaim, or any other proceeding, except actions for
forcible detainer or forcible entry or detainer, commenced or filed in any court of
this state, in which the title to, or the possession or use of, or any lien, tax,
assessment or charge on real property, or any interest therein, is in any manner
affected or involved, nor any order nor judgment therein, nor any sale or other
proceeding, nor any proceeding in, nor judgment or decree rendered, in a district
court of the United States, shall in any manner affect the right, title or interest of any
subsequent purchaser, lessee, or encumbrancer of such real property, or interest for
value and without notice thereof, except from the time there is filed, in the office of
the county clerk of the county in which such real property or the greater part thereof
lies, a memorandum stating:
(a)The number of the action, if it is numbered, and the style of such action or
proceeding and the court in which it is commenced, or is pending;
(b)The name of the person whose right, title, interest in, or claim to, real property
is involved or affected; and
(c)A description of the real property in the county thereby affected.
(2)Such notice may be filed by any party in interest. No notice shall extend to the
interest of any person not designated therein, nor to any real property or interest
except that described therein, and when any amendment is made in the action or
proceeding changing the description of the real property, or interest involved or
affected, or extending the claim against the property, the party filing such notice
shall file a new notice.
(3)Where the real property so affected consists of tracts lying in different counties, a
separate notice shall be filed in each county as to the tract lying in that county.