Bill > HB256

This bill establishes a comprehensive framework for determining "marketable record title" in Kentucky, focusing on simplifying land title transactions. The bill defines key terms like "mineral," "muniments," and "root of title," and establishes that a person with an unbroken chain of title in official public records for at least 40 years has a marketable record title. This title is generally held free and clear of interests, claims, or charges that occurred before the root of title, with some important exceptions. The bill provides a procedure for preserving interests in land by filing a verified notice within the 40-year period, and it specifically protects certain types of interests, including easements for public utilities, railroad purposes, observable physical easements, mineral rights, government interests, and some developmental covenants. The legislation aims to provide clarity and certainty in land ownership by creating a standardized method for determining marketable title, while still maintaining protections for legitimate existing interests. The bill explicitly states that it should be liberally construed to facilitate smoother land title transactions, allowing people to rely on a clear record chain of title with minimal complications.

Government Affairs, Justice

https://apps.legislature.ky.gov/record/25RS/hb256.html