Ky. Rev. Stat. » Chapter 452
Kentucky Revised Statutes

Ky. Rev. Stat. § 452.400 (2026)

Certain actions concerning realty to be brought in county where land is

✓ current as of May 2026
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situated. Actions must be brought in the county in which the subject of the action, or some part thereof, is situated:

(1) For the recovery of real property, or of an estate or interest therein;

(2) For the partition of real property except as is provided in KRS 452.420;

(3) For the sale of real property under a mortgage, lien, or other encumbrance or charge, except for debts of a decedent;

(4) For an injury to real property. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 277, sec. 20, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 87, sec. 9, effective July 15, 1980. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 62.

Notes of Decisions
Cited in 18 cases, 1956–2019 · leading case: Am. Gen. Home Equity, Inc. v. Kestel, 253 S.W.3d 543 (Ky. 2008).
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Am. Gen. Home Equity, Inc. v. Kestel, 253 S.W.3d 543 (Ky. 2008). “KRS 452.400 provides that: Actions must be brought in the county in which the subject of the action, or some part thereof, is situated: [[Image here]] (3) For the sale of real property under a mortgage, lien, or other encumbrance or charge, except for debts of a decedent.”
Willis v. City of Corbin, 572 S.W.2d 610 (Ky. Ct. App. 1978). · cites it 5× “They cite KRS 452.400 which provides: . Actions must be brought in the county in which the subject of the action, or some part thereof, is situated: (1) For the recovery of real property, or of an estate or interest therein; (2) For the partition of real property except as is…”
Pendleton Ex Rel. Gadd v. Pendleton, 531 S.W.2d 507 (Ky. Ct. App. 1975). · cites it 3× “The suit was thereupon dismissed as to them, but as against the *509 purchasers of real estate in Fayette County venue was held proper under KRS 452.400. We are of the opinion that the trial court was correct in adjudging that KRS 452.”
Gross v. Citizens Fid. Bank-Winchester, 867 S.W.2d 212 (Ky. Ct. App. 1993). “445, reads as follows: Excepting the actions mentioned in sections KRS 452.400 to 452.420 both inclusive, and in KRS 452.”
T. C. Young Constr. Co. v. Hartford Accident & Indem. Co., 441 S.W.2d 781 (Ky. Ct. App. 1969). · cites it 2× “445 — “Excepting the actions mentioned in sections KRS 452.400 to 452.420 both inclusive, and in KRS 452.”
Johnson v. Env't & Pub. Prot. Cabinet, 289 S.W.3d 216 (Ky. Ct. App. 2009). “However, pursuant to KRS 452.400(4), actions dealing with injury to real property must be brought in the county where the land is situated.”
Alexander v. Springfield Prod. Credit Ass'n, 673 S.W.2d 741 (Ky. Ct. App. 1984). “KRS 452.400(3). Eva Bell Alexander did not offer her Callo-way County land to secure any indebtedness other than the two notes of her son, T.”
Caudill v. Little, 293 S.W.2d 881 (Ky. Ct. App. 1956). “62, Civil Code of Practice, declares that certain actions concerning real estate “must be brought in the county in which the subject of the action, or some part thereof, is situated: (1) For the recovery of real property, or of an estate or interest therein”, and other purposes.”
Commonwealth, Uninsured Emp.'s Fund v. Cnty. of Hardin Plan. & Dev. Comm'n, 390 S.W.3d 840 (Ky. Ct. App. 2012). “Notwithstanding UEF’s procedural deficiencies, it is clear that circuit courts have jurisdiction over disputes and interests in real property located in their jurisdiction.”
Kentucky S. Coal Corp. v. Kentucky Energy & Env't Cabinet, 396 S.W.3d 804 (Ky. 2013). “KRS 452.400. . Dep. for Nat. Res. and Envt'l Protection v.”
Asher v. Bishop, 482 S.W.2d 769 (Ky. Ct. App. 1972). “The Clay Circuit Court clearly had jurisdiction of the subject matter, the land involved, under KRS 452.400 which says: “Action must be brought in the county in which the subject of the action, or some part thereof, is situated: (1) for the recovery of real property, or of an…”
Cash v. E'Town Furniture Co., 363 S.W.2d 102 (Ky. Ct. App. 1962). “78], An action which is not required by the foregoing provisions of KRS 452.400 to 452.475 be brought in some other county may be brought in any county in which the defendant, or in which one of several defendants, who may be properly joined as such in the action, resides or is…”
Show all 18 citing cases →
— Ky. Rev. Stat. § 452.400(1) — 1 case
Pendleton Ex Rel. Gadd v. Pendleton, 531 S.W.2d 507 (Ky. Ct. App. 1975). “The suit was thereupon dismissed as to them, but as against the *509 purchasers of real estate in Fayette County venue was held proper under KRS 452.400. We are of the opinion that the trial court was correct in adjudging that KRS 452.”
— Ky. Rev. Stat. § 452.400(3) — 1 case
Alexander v. Springfield Prod. Credit Ass'n, 673 S.W.2d 741 (Ky. Ct. App. 1984). “KRS 452.400(3). Eva Bell Alexander did not offer her Callo-way County land to secure any indebtedness other than the two notes of her son, T.”
— Ky. Rev. Stat. § 452.400(4) — 1 case
Johnson v. Env't & Pub. Prot. Cabinet, 289 S.W.3d 216 (Ky. Ct. App. 2009). “However, pursuant to KRS 452.400(4), actions dealing with injury to real property must be brought in the county where the land is situated.”
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