Ky. Rev. Stat. » Chapter 382
Kentucky Revised Statutes

Ky. Rev. Stat. § 382.010 (2026)

Estate -- Owner may convey -- When deed or will necessary

✓ current as of May 2026
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The owner may convey any interest in real property not in the adverse possession of another; but no estate of inheritance or freehold, or for a term of more than one (1) year, in real property shall be conveyed, except by deed or will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 490.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1943–2026 · leading case: Loid v. Kell, 844 S.W.2d 428 (Ky. Ct. App. 1992).
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Loid v. Kell, 844 S.W.2d 428 (Ky. Ct. App. 1992). “010(6) (Statute of Frauds) and KRS 382.010 — .990 (Conveyances and Encumbrances).”
Kendrick v. Rothacre (In Re Rothacre), 326 B.R. 398 (Bankr. E.D. Ky. 2010). ““The owner may convey any interest in real property not in the adverse possession of another; but no estate of inheritance or freehold, or for a term of more than one (1) year, in real property shall be conveyed, except by deed or will.”
Leasor v. Redmon, 734 S.W.2d 462 (Ky. 1987). “The position of the Leasors and Shuster on this argument is not supported by law, nor is there any argument for an extension, modification, or reversal of the law.”
Cannon v. Carr, 168 S.W.2d 21 (Ky. Ct. App. 1943). “KRS 382.010 (Sec. 490, Ky. Stats.) provides that “no estate of inheritance or freehold, or for a term of more than one year, in real property shall be conveyed except by deed or will.”
Leasor v. Bailey, 714 S.W.2d 156 (Ky. Ct. App. 1986). “KRS 382.010 states: The owner may convey any interest in real property not in the adverse possession of another; but no estate of inheritance or freehold, or for a term of more than one year, in real property shall be conveyed, except by deed or will.”
United States of Am. v. Michael S. Gainey, et al. (E.D. Ky. 2026). · cites it 4× “The Gaineys argue that Ky. Rev. Stat. § 382.010 defines how a person may acquire an ownership interest in real estate.”
Meade v. Rowe's Ex'r & Tr., Etc., 182 S.W.2d 30 (Ky. Ct. App. 1944). “’ ’ Each of the devisees has a present vested interest in the devised property which will become an indefeasible fee simple estate if he or she is living at the expiration of the trust period on May 3, 1953. The legal title to the property during the trust period is in the…”
Barnwell v. Ark Land, LLC (W.D. Va. 2022). “Ky. Rev. Stat. Ann. § 382.010 . Here, a copy of the deed has not been produced in discovery and indeed, there is no evidence that one ever existed.”
Ellis v. Ellis, 275 S.W.2d 909 (Ky. Ct. App. 1955). · cites it 2× “However, we think the agreement was an oral gift of a life estate in land which was void under KRS 382.010. In Cannon v. Carr, 292 Ky. 793 , 168 S.”
Cooper v. Cooper, 392 S.W.2d 662 (Ky. Ct. App. 1965). “In the same broad sense Basil and Hugh are the “vested” owners of the executory interest which, upon the event of Clarence’s death without surviving issue, will operate to cut off Clarence’s fee simple estate and shift it to them.”
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