Ky. Rev. Stat. » Chapter 381
Kentucky Revised Statutes

Ky. Rev. Stat. § 381.150 (2026)

Conveyance of greater estate than grantor owns -- Effect

✓ current as of May 2026
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A deed and warranty of land purporting to pass or assure a greater right or estate than the person can lawfully pass or assure, shall operate to convey on warrant so much of the right and estate as such person can lawfully convey. If such conveyance is made by a tenant for life it shall not work a forfeiture of his estate. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2291, 2351.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1952–2026 · leading case: Dukes v. Link, 315 S.W.3d 712 (Ky. Ct. App. 2010).
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Dukes v. Link, 315 S.W.3d 712 (Ky. Ct. App. 2010). “As such, it is a fundamental rule that the grantor can grant only his interest in the property and is codified in KRS 381.150: A deed and warranty of land purporting to pass or assure a greater right or estate than the person can lawfully pass or assure, shall operate to convey…”
Sanderson v. Saxon, 834 S.W.2d 676 (Ky. 1992). “Appellant contends that KRS 381.150 [1] precludes the conveyance of a larger estate than that owned by the grantor.”
Godley v. Piedmont Land Sales, Inc., 505 F. Supp. 397 (E.D. Ky. 1978). “KRS 381.150; York v. Perkins, Ky., 269 S.”
York v. Perkins, 269 S.W.2d 242 (Ky. Ct. App. 1954). “178 ; KRS 381.150. Since the record discloses the paper title to the land in controversy is in plaintiff, and there is no claim of adverse possession, the lower court was in error in adjudging that plaintiff’s petition be dismissed.”
Clarke v. W. Mason Water Dist. (E.D. Ky. 2023). · cites it 2× “, Ky. Rev. Stat. § 381.150. Clarke points out that she alleged in her complaint that she—and only she—owned the subject property.”
Gainey (E.D. Ky. 2026). · cites it 2× “They cite to Ky. Rev. Stat. § 381.150, which states that “a deed and warranty of land purporting to pass or assure a greater right or estate than the person can lawfully pass or assure, shall operate to convey on warrant so much of the right and estate as such person can…”
Inman v. Coburn, 249 S.W.2d 816 (Ky. Ct. App. 1952). “160 provides, in part: “If a deed such as that mentioned in KRS 381.150 [a deed purporting to pass a greater estate than the grantor owns], contains a general warranty of the estate it purports to convey, and there is a claimant of the land who has received any estate, real or…”
Dan Gibson v. Ron Jones Individually (Ky. Ct. App. 2021). “178 ; KRS 381.150). Thus, the trial court properly found the “deed of correction” to be “wholly invalid” as it purported that Gibson was granting to himself land to which he did not hold title, as was described in the 1988 deed by which Gibson took title.”
Christy Rose Whitmore v. Eric Drew Whitmore (Ky. Ct. App. 2022). “KRS 381.150 instructs that a deed purporting to convey an estate greater than that owned by the grantor is limited in effect to only that which the grantor can lawfully convey.”
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