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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Any natural person who purchases recreational and retirement use land for personal, family, or household purposes shall have an easement for the use of any common areas, undeveloped land, improvements, or amenities which are part of the development in which the person has purchased an interest or which are later added to the development. An individual person's right to exercise this easement may be suspended for wrongful nonpayment of maintenance fees.
(2) The easement interest shall be superior to that of any other lien, encumbrance, license, or other interest in the real property.
(3) Any person who obtained or granted an encumbrance, lien, lease, license, or other interest in any of the real property upon which the development is located with actual or constructive knowledge of its intended use as recreational and retirement use land shall be estopped from denying the validity of the easement.
(4) Any waiver of this right to an easement shall be void.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXIX. Commerce and Trade § 367.4776.Easement interest - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxix-commerce-and-trade/ky-rev-st-sect-367-4776/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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