Kentucky Revised Statutes

Ky. Rev. Stat. § 411.120 (2026)

Action to quiet title; court order if title proved

✓ current as of May 2026
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Any person having both the legal title and possession of land may prosecute suit, by petition in equity, in the circuit court of the county where the land or some part of it lies, against any other person setting up a claim to it. If the plaintiff establishes his title to the land the court shall order the defendant to release his claim to it and to pay the plaintiff his costs, unless the defendant by his answer disclaims all title to the land and offers to give such release to the plaintiff, in which case the plaintiff shall pay the defendant's costs, unless for special reasons the court decrees otherwise respecting the costs. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 11.

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1943–2026 · leading case: Gilland v. Dougherty, 500 S.W.3d 217 (Ky. Ct. App. 2016).
Gilland v. Dougherty, 500 S.W.3d 217 (Ky. Ct. App. 2016). · cites it 7× “KRS 411.120 provides in relevant part: Any person having both the legal title and possession of land may prosecute suit, by petition in equity, in the circuit court of the county where the land or some part of it lies, against any other person setting up a claim to it.”
Fleming v. EQT Gathering, LLC, 509 S.W.3d 18 (Ky. 2017). · cites it 2× “Central to the Court of Appeals’ analysis was its reliance upon the law pertinent to quiet title actions under KRS 411.120 and to declaratory judgment actions under KRS Chapter 418, notably KRS 418.”
Whitley v. Robertson Cnty., 406 S.W.3d 11 (Ky. 2013). · cites it 2× “, whether or not it is a county road or a private drive. It is worth noting that this dispute, while not specifically argued by the parties as such, is analogous to a quiet title action, and that KRS 411.”
Field v. Evans, 675 S.W.2d 3 (Ky. Ct. App. 1983). · cites it 3× “Interspersed therein is the additional argument that the quiet title statute, KRS 411.120, is void due to a lack of a sufficient notice provision.”
Noland v. Wise, 259 S.W.2d 46 (Ky. Ct. App. 1953). “Wallace, dated March *48 30, 1897, from the master' commissioner of the Estill Circuit Court, which deed was executed on behalf of Amanda Winburn.”
Poe v. Gaunce, 371 S.W.3d 769 (Ky. Ct. App. 2011). · cites it 2× “The Gates heirs now appeal, and the three issues raised by the Gates heirs are: 1) Whether the circuit court erred in determining that the Gaunce heirs owned sites 7 and 8; 2) Whether the circuit court erred in determining that the Gaunce heirs owned the monument that was…”
Commonwealth, Uninsured Emp.'s Fund v. Cnty. of Hardin Plan. & Dev. Comm'n, 390 S.W.3d 840 (Ky. Ct. App. 2012). · cites it 2× “KRS 411.120. A determination has been made that the employer is someone other than Poplar Brook.”
Whitley v. Robertson Cnty., 396 S.W.3d 890 (Ky. 2013). · cites it 2× “It is worth noting that this dispute, while not specifically argued by the parties as such, is analogous to a quiet title action, and that KRS 411.120 provides that an action to quiet title may be brought by “[a]ny person having both the legal title and possession of land .”
Sublett v. Hall, 589 S.W.2d 888 (Ky. 1979). “On March 20, 1975, Ken-Ny and Hall commenced these proceedings against the Subletts, pursuant to the provisions of KRS 411.120, seeking to have the court declare the rights of all of the parties.”
Vogler v. Salem Primitive Baptist Church, 415 S.W.2d 72 (Ky. Ct. App. 1967). “KRS 411.120. Letcher County Coal & Implement Company v.”
Haws v. Short, 304 S.W.2d 924 (Ky. Ct. App. 1957). · cites it 2× “The appellees filed this action seeking relief under KRS 411.120. The property involved is a narrow strip of land valued at $500.”
Letcher Cnty. Coal & Improvement Co. v. Marlowe, 398 S.W.2d 870 (Ky. Ct. App. 1965). “Brown and Cleveland Halcomb, defendants; that appellee failed to perfect his junior record title by proof of adverse possession; that the court erred in the construction of the language of a deed in appellant’s chain of title; and that appellant proved a superior title to the…”
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