Kentucky Court Records
Contract Disputes and Property Disputes in Kentucky
A contract in Kentucky is a legally binding agreement involving two or more entities. Contracts can be in written or oral form. For a contract to be legally recognized and enforceable, it must adhere to the Kentucky obligation and construction of contract. Each party is to have a good understanding of the contract as a whole. A contract dispute occurs when there is a breach in agreement concerning any of the conditions in the contract or in situations a party refuses to fulfill an obligation.
On the other hand, property disputes in Kentucky are legal issues that pertain to real estate. Property disputes mostly involve builders and developers, municipalities, government agencies, family members, trespassers, landlords, tenants, and homeowners. Instances of property disputes include ownership, utility easement, zoning, eviction and foreclosure, and boundary line. In reaction to this, the Kentucky judiciary has statutes to regulate property disputes and ownership as the judiciary also oversees contract and property dispute cases.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in Kentucky?
According to Kentucky contract law, contract disputes are consequences of violating the terms and conditions provided by a contract. Contract disputes mostly occur when either party does not respect the provisions of the Kentucky obligations and construction of contract or understand it, thereby amounting to a violation.
What are the Most Common Contract Disputes in Kentucky
In Kentucky, the following are the most common contract disputes;
- Sales of Goods Contract: This type of contract is between a merchant and a retailer and is usually open-ended and loose in terms of agreement, thereby creating room for disputes.
- Non-Compete Agreements: This kind of contract promotes a condition that does not allow employees to work for competitors. It is mostly signed upon employment and may cause disputes later on.
- Commercial Leases: The use of language in commercial leases or lack of proper understanding while renting or leasing a building or property coupled with a misunderstanding of the demands can lead to disputes.
- Consumer Contract Disputes: Most times, manufacturers assure consumers that in exchange for cash, customers will receive a product that is in good working condition, and if the product is not in good shape, it can be returned for a refund. By failing to honor this, there is a contract breach.
- General material breach: This is a type of dispute that involves refusing to follow the terms and conditions set in a contract.
What is Kentucky Contract Law?
The Kentucky contract law is a series of enactments to ensure the protection of individuals entering into a contract. Kentucky contract laws revolve around the idea that the contracts involve an offer, an acceptance, a payment, and the terms and conditions. The contract law also provides for damages when a party breaches an agreement. The contract law is in seven parts under the Kentucky revised statutes. The law provides the general obligations of the parties involved in a contract, grounds for the formation of a contract, breach, repudiation and excuse, and general remedies.
What is a Breach of Contract in Kentucky?
A breach of contract in Kentucky according to contract laws is any infringement of the provisions of a contract formed with proper adherence to the obligations of the state. Generally, a breach of contract is a type of civil violation which entails the dishonoring of a binding agreement between two parties whether partially or wholly. A breach of contract in Kentucky can involve the violation of a buyer’s right on improper delivery and warranty.
What are the Remedies for a Breach of Contract in Kentucky?
In the event of a breach of contract, the non-breaching party can seek remedies through civil law. There are three types of remedies allowed in the state;
1. Damages: This is a type of remedy that involves seeking payment to make up for the loss incurred while holding an end of the bargain. There are also several types, including;
- Compensatory Damage: The purpose of this is to cover up for the loss incurred by the non-breaching party to help the process of recovery.
- Expectation Damage: This is to make up for what the non-breaching party was supposed to make out of the contract.
- Reliance Damage: This covers the variety of damages the non-breaching party must have incurred while keeping the bargain.
- Restitution Damage: This is given when the breaching party gainfully benefits from the breach at the expense of the non-breaching party.
- Specific Performance: Specific performance remedies are unlikely as it requires the breaching party to perform certain duties to make up for the loss. It mostly applies to unique situations.
- Cancellation and Restitution: This refers to the cancellation of the contract, and the non-breaching party is reimbursed and restored. It is applicable in a buy-sell agreement.
Filing a lawsuit for a breach of contract claim requires the plaintiff to;
- Hire an attorney
- Prepare the complaint
- Prepare the summons
- File the lawsuit
- Serve the breaching party
Before filing, the plaintiff must prove the existence of a contract, a breach of a condition in the agreement, and incurring of loss. The district court in Kentucky is responsible for hearing and adjudicating cases pertaining to contract breaches.
What Defenses Can Be Used Against a Breach of Contract Claim in Kentucky?
Below are legal arguments a defendant can employ to nullify a breach of contract claim:
- Imprudent bargaining power was used, thereby making one party unable to understand the pros and cons fully.
- The argument that there was an error in the creation stage of the contract. This would consider the contract void. However, it is only viable if both parties made mistakes while putting the contract together.
- The application involved unnecessary influence or duress. Therefore, the argument that a party was intimidated is valid.
- The contract was created with an impaired mental capacity. Either by alcohol or under the influence of drugs.
- The argument that the contract has been edited and is not the initial agreement.
- The contract is not documented. Oral contracts are acceptable, but in land sales and sales over $500, it must be written.
What are Property Disputes in Kentucky?
A property dispute in Kentucky covers a sparse range of issues concerning real estate stakeholders, government agencies, trespassers, landowners, and tenants. These disputes mostly revolve around set boundaries, utility easement, zoning issues, ownership disputes, homeowner responsibilities, and landlord-tenant disputes. Chapter 381–385 of the Kentucky revised statutes contain laws regarding property ownership.
What Are Some Common Types of Property Disputes in Kentucky?
The following are examples of common property disputes in Kentucky;
- Title and Boundary Disputes: This generally involves two property owners in a dispute of who owns a property and who does not. Boundary disputes mostly occur when there is a mix up in the property line or a party has the intentions to be corrupt.
- Tree Damages: Dispute arises when trees belonging to a neighbor are cut down or damaged, especially when it is not from a natural force like a storm. A property owner must first alert the tree owner before proceeding to trim or cut down a tree.
- Zoning and Land Use: Zoning and land use is a well known urban planning method used by municipalities and counties in different places. It involves setting regulations as to how land should be used either for residence or industrial activities.
- Utility Easement: This requires accessing a certain amount of another individual’s property for passing sewer lines, electric wires, gas, and water, which can amount to property disputes between neighbors.
- Foreclosures and Evictions: A property owner can incite a dispute if occupants of a property are not well informed of evictions or possible foreclosures. It mostly occurs in rented facilities.
How to Find Property Lines
Property lines are a set of legal boundaries. In other words, property lines dictate where a person’s land ends, and another begins. It further determines who owns what and to what extent. These boundaries can be landmarks, roads, bridges, or ditches. Property lines pose a great advantage to eliminating disputes for ownership and serve as a pointer to set up fences.
Finding a property line would require property owners to:
- Visit the zoning department in the locality
- Check sidewalks and street lamps
- Make attempts to locate the survey pin
- Examine metes and bounds survey
- Employ the service of a surveyor
With the emergence of technology, a GPS locator has also proven to help find property lines.
How do I Find a Property Dispute Lawyer Near me?
A property dispute lawyer in Kentucky can be found by carrying out a general search on the lawyer locator feature of the Kentucky bar association. The service portal allows for seekers of judicial help to input a county and an area of practice.