1, 1960.
(1) Every possibility of reverter and right of entry created prior to July 1, 1960, shall cease to be valid or enforceable at the expiration of thirty (30) years after the effective date of the instrument creating it, unless before July 1, 1965, a declaration of intention to preserve it is filed for record with the county clerk of the county in which the real property is located.
(2) The declaration shall be entitled "Declaration of Intention to Preserve Restrictions on the Use of Land," and shall set forth:
(a) The name of the record owner or owners of the fee in the land against whom the possibility of reverter or right of entry is intended to be preserved;
(b) The names and addresses of the persons intending to preserve the possibility of reverter or right of entry;
(c) A description of the land;
(d) The terms of the restriction;
(e) A reference to the instrument creating the possibility of reverter or right of entry and to the place where such instrument is recorded. The declaration shall be signed by each person named therein as intending to preserve the possibility of reverter or right of entry and shall be acknowledged or proved in the manner required to entitle a conveyance of real property to be recorded. The county clerk shall record the declaration in the record of deeds and shall index it in the general index of deeds in the same manner as if the record owner or owners of the land were the grantor or grantors and the persons intending to preserve the possibility of reverter or right of entry were the grantees in a deed of conveyance. For indexing and recording the clerk shall receive the same fees as are allowed for indexing and recording deeds. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 167, sec. 6, effective June 16, 1960.
Notes of Decisions
Camenisch v. City of Stanford, 140 S.W.3d 1 (Ky. Ct. App. 2003).
“KRS 381.221(1). Having determined that the deed created a condition subsequent, the court stated that “there is no need for the Court to address the City’s contention that only a personal covenant was created.”
Williams v. City of Kuttawa, 466 S.W.3d 505 (Ky. Ct. App. 2015).
“KRS 381.221(1) states that: Every possibility of reverter and right of entry created prior to July 1, 1960, shall cease to be valid or enforceable at the expiration of thirty (30) years after the effective date of the instrument creating it, unless before July 1, 1965, a…”
Black Mountain Energy Corp. v. Bell Cnty. Bd. of Educ., 467 F. Supp. 2d 715 (E.D. Ky. 2006).
· cites it 17× “040, seeking a declaration that the Kentucky Perpetuit-ies Act of 1960, codified at KRS § 381.221, is unconstitutional. Pursuant to the Court’s scheduling order, both parties have briefed this matter, thus, it is ripe for decision.”
Cline v. Johnson Cnty. Bd. of Educ., 548 S.W.2d 507 (Ky. 1977).
“The issue in this case is whether KRS 381.221(1) is constitutional. Enacted in 1960, it provided that every possibility of reverter and right of entry [upon breach of a condition subsequent] created prior to July 1, 1960, would cease to be valid or enforceable 30 years after its…”
Withers v. Pulaski Cnty. Bd. of Educ., 415 S.W.2d 604 (Ky. Ct. App. 1967).
“The circuit court held that the bringing of this action obviated the necessity of filing a declaration under KRS 381.221 of intent to preserve the reversionary right under the deed.”
Atkinson v. Kish, 420 S.W.2d 104 (Ky. Ct. App. 1967).
“In this instance there has been no assertion or exercise of a right of forfeiture against the interests of Fannie, Robert, or Robert’s issue, 4 and under Section 6 of the Kentucky Perpetuities Act of 1960, now KRS 381.221, every right of entry created prior to July 1, 1960,…”
Caldwell v. Brown, 553 S.W.2d 692 (Ky. 1977).
· cites it 4× “The trial court also held that KRS 381.221 did not apply. Caldwell asserts upon appeal that KRS 381.”
— Ky. Rev. Stat. § 381.221(1) — 3 cases
Camenisch v. City of Stanford, 140 S.W.3d 1 (Ky. Ct. App. 2003).
“KRS 381.221(1). Having determined that the deed created a condition subsequent, the court stated that “there is no need for the Court to address the City’s contention that only a personal covenant was created.”
Williams v. City of Kuttawa, 466 S.W.3d 505 (Ky. Ct. App. 2015).
“KRS 381.221(1) states that: Every possibility of reverter and right of entry created prior to July 1, 1960, shall cease to be valid or enforceable at the expiration of thirty (30) years after the effective date of the instrument creating it, unless before July 1, 1965, a…”
Cline v. Johnson Cnty. Bd. of Educ., 548 S.W.2d 507 (Ky. 1977).
“The issue in this case is whether KRS 381.221(1) is constitutional. Enacted in 1960, it provided that every possibility of reverter and right of entry [upon breach of a condition subsequent] created prior to July 1, 1960, would cease to be valid or enforceable 30 years after its…”
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