KRS 382.135 DEED REQUIREMENTS NEW DEED REQUIREMENTS – LISA EMMONS

Kentucky Revised Statute 382.135 contains several requirements a deed must contain, including mailing address of grantor and grantee, statement of consideration, etc.

Recently, a bill was passed in the Kentucky Legislature which adds a seemingly innocent requirement, but one that is actually fraught with uncertainty. Effective July 15, 2016, a deed must also contain “the full name of the grantor and grantee.” KRS 382.135(1)(a). However, there is no guidance in the statute as to what is considered a “full name.” Many individuals have no middle name, some have multiple middle names, some have multiple or hyphenated last names, and the list goes on and on.

This is even more complicated by the fact that an individual may not use their full legal name, frequently omitting a middle name or last name, or using their middle name as first, etc. A further problem is that clients often do not communicate their entire legal name when completing related documents, which results in the deed preparer being unaware they are not working with the full name of the grantor or grantee.

According to the statute, a clerk is not to record a deed that is not in compliance with the statute’s provisions. KRS 382.135(5). This additional deed requirement essentially creates an insurmountable burden for a clerk, as they do not have the means or resources to ensure that a deed correctly contains the “full name” of the grantor and grantee. While it seems as if a requirement that the name of the grantor and grantee be contained in the deed is both innocent and obvious, adding the heightened and unclear burden of “full name” complicates and frustrates the recordation of deeds.

The Real Estate attorneys and staff at Denton Law Law Firm are prepared to answer any questions you may have concerning this new development.  Please call us at 270-450-8253 with any questions you may have.

To read the full language of KRS 382.135, click the following link:  KRS 382.135

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