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Committee advances bill to limit stale claims on property titles after 40 years
Summary
House Bill 256, as substituted, would create a 40-year statutory limit to clear old, dormant title interests (excluding coal and mineral interests); the committee adopted a substitute and voted favorably.
Eric Case, president of the Kentucky Land Title Association, told the committee House Bill 256 would “provide a statutory time limit of 40 years on route of title to eliminate old and dormant interest.”
Case said the change is intended to make titles more marketable and to streamline title searches for attorneys, title agents and financial institutions. “The important thing to note about this is, it does not, it specifically excludes coal and mineral interest,” Case said, and he described the focus as “maybe, old extinct mortgages and other things that are maybe still on the books but do not apply.”
The committee adopted a substitute and then voted to advance the bill. During the roll call recorded in the transcript, the following members registered affirmative votes: Representatives Bauman, Chester Burton, Doan, Freeland, Griffey, Hampton, Iams, Lewis, Maddox, Neighbors, Ramer, Whitten and the chair (Planery); the chair announced the bill as amended should pass.
No public testimony opposing the measure was recorded in the transcript. The sponsor and land title industry representatives argued the change will reduce lingering title defects and speed real estate transactions.
Committee members thanked the witnesses and moved the item along after the vote.
