Land Records
(502) 875-8710  

Affidavit of descent 
Articles of Incorporation 
Deed 
Deed of Correction 
Mechanics Lien
Mortgage
Plats 
Power of Attorney 
Release 
Fees-Land Records

One of the most important responsibilities of the County Clerk’s office is the recording of land records.  Recorded instruments date back to 1795. The most common documents recorded are deeds, mortgages, and assignments and mortgage releases.  Below is a list of recording requirements for the most common documents. All land records are available for public viewing at our office located at 315 W. Main St, Frankfort, KY 40601. 

  Below is a list of recording requirements for the most common documents.  

  Affidavit of descent (KRS 382.120)

An affidavit of descent is filed when a person dies in testate or without a will.

  Document must be signed by the affiant and signature notarized.  (KRS 382.130)

  The affidavit, per KRS 382.120, must have:

¨      Name of the deceased (ancestor)

¨      Date of the deceased’s death

¨      The marital status of the deceased and, if married the name of the surviving spouse and his/her mailing address

¨      The place of residence of the deceased at the time of death

¨      The fact that the deceased died in testate (without a will)

¨      The names, ages & addresses, as far as is known, of each heir at law and next of kin who by the ancestor’s death inherited such real property and the relationship of each to the deceased and the interest in such real property inherited by each

¨      Preparation statement KRS 382.335(1)

The affidavit shall be filed with the clerk of the county in which the property is situated. 

Filing fee:          Affidavit of Descent                  $9.00                           

                        Exceeding 3 pages                    $2.00 per page

            Articles of Incorporation

The document must be:

¨      Executed by one of the offices authorized in KRS 271B.1-200(6) and KRS 273.252

¨      Document must be filed with the Secretary of State FIRST

¨      The clerk is presented one exact or conformed copy having the stamp of the Secretary of State

Filing fee:          Articles of Inc.                  $9.00

                        Exceeding 3 pages            $2.00 per page

Deed

Recording of deeds, KRS 382.110

The document must have:

¨      First party (seller, grantor) and their mailing address (KRS 382.135, KRS 382.200)

¨      Second Party (buyer, grantee) and their mailing address (KRS 382.135, KRS 382.200)

¨      Consideration statement (KRS 385.135)

¨      Legal Description

¨      Source of title (KRS 382.110)

¨      Preparation statement (KRS 382.335)

¨      Return mail address (KRS 382.335 & KRS 382.240)

The grantor (seller) must sign the deed and the signatures must be acknowledged (notarized).  The grantor (seller) & grantee (buyer) must sign the consideration statement and the signatures must be notarized.  (KRS 382.135 & KRS 382.120)  The document must be filed in the county where the property is located (or greater part).  KRS 382.110.

Transfer tax is collected on the consideration in the deed per KRS 142.050.  The tax is computed at the rate of $.50 per $500 value or fraction thereof.  (Example: A deed lists a purchase price of $10,000.00.  The deed tax due would be $10.00 plus the filing fee.)  The transfer tax applies to the value listed in the deed and is imposed upon the grantor (seller).  KRS 142.050(7) lists the types of deeds that are exempt from this tax.

Filing fees:                    Deed                                        $12.00

                                    Deed transfer tax                      $0.50 per $500 value

                                    Exceeding 3 pages                    $2.00 per page (KRS 64.012)

Deed of Correction

A deed of correction may be prepared to clear up a defect in title or to correct a mistake.

An example may be the number of acres or a source of title.  A deed of correction does not convey interest in land.  It is important to note that the original grantor (seller) and grantee (buyer) must be the same in the deed of correction.  One cannot add, remove or change a grantor and grantee in a deed of correction.  If the deed includes any other parties it is not a deed of correction.

The document must have:

¨      First Party (seller, grantor) and their mailing address (KRS 382.135, KRS 382.200)

¨      Second Party (buyer, grantee) and their mailing address

¨      Consideration Statement

¨      Legal Description

¨      Source of title

¨      Preparation statement

¨      Return mail address

¨      The reason for the correction must be apparent

¨      The document must state that it is a deed of correction and must refer to the deed it is correcting.

The grantor must sign the deed and the signatures must be acknowledged (notarized).  The grantor and grantee must sign the consideration statement and the signatures must be notarized.  The document must be filed in the county clerk’s office where the property is located.

Transfer tax would apply only if the consideration amount has been changed.

Filing Fee:                     Deed of correction                 $9.00

                                    Exceeding 3 pages                  $2.00 per page

            Mechanics Lien- AKA Materialman’s Lien.  KRS 376.010, KRS 376.080

The following list of liens are recorded as mechanics liens:

Agister’s liens (liens on horses, cattle, livery stable)-KRS 376.400, KRS 376.410, KRS 76.420)

Veterinary Liens (KRS 376.470, KRS 376.475)

Liens on Motor Vehicle Repairs & Storage (KRS 376.270)

Motor Vehicle for Storage & Towing (KRS 376.275)

Lien for work & supplies on equipment, machinery & motors (KRS 376.440, KRS 376.445)

These are filed when payment for building repair, storage or services has not been made.  These are filed per KRS 376.010, KRS 376.080

The document must have the following:

¨      The name & address of the claimant (person asserting the lien)

¨      The name & address of the contractor, subcontractor, or authorized agent and the property owner (the person(s) the lien is asserted against)

¨      The lien is filed against the owner of the property and their name must be listed..

¨      Description of property has to be specific enough to identify the property

¨      The lien must state the amount due and whether the services were performed by a contract with the owner or with contractor or subcontractor.

¨      Preparation Statement

The person claiming the lien or someone on his behalf must sign the lien.  Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid.  (KRS 382.240)

Filing Fee is $9.00.

Mortgage-AKA Indenture of Trust

The document must have :

¨      First party (mortgagor, borrower, grantor, trustor) (KRS 382.200)

¨      Second party (mortgagee, lender, grantee, trustee) and their mailing address

¨      Amount of mortgage

¨      Maturity date (except for revolving credit accounts)

¨      Legal description

¨      preparation statement

The clerk shall request a return mail address (KRS 382.240)

Document must be signed by the mortgagor(s) ( borrowers) and the signature(s) notarized.  The document must be filed in the county clerk’s office of the county where the property is located.

Filing fees:

            Mortgage                     $12.00

            Exceeding 3 pages       $2.00 per page

            Plats

The County Clerk shall record plats after approval by the planning commission.        (KRS 100.283).

The document must have the following:

¨      The plat must have the approval of the planning commission and the commission’s certificate signed and dated.  (KRS 100.277)

¨      The plat requires the surveyor’s certification, signed and dated and his seal (KRS 322.400)

¨      The plat cannot exceed 24 inches X 36 inches in size (KRS 100.283).  In Franklin County, the plat cannot exceed 18 inches X 24 inches.

The statutes do not give additional specific requirements for plats, however the fact that a survey or plat describes the land, it is presumed that the survey or plat must have:

¨      The owner’s signed certification; signature must be notarized. Required in Franklin County

¨      Source of title

Filing fee is $15.00.  In Franklin County, 2 paper copies must be submitted with

original mylar.

Power of Attorney

Filing requirements for a power of attorney to convey or release property are the same as required for recording a deed.

Document must have the following information:

¨      Name of the person granting the power of attorney

¨      Name of the person receiving the power of attorney

¨      Must be signed by the grantor and notarized

There are two types of  powers.  A general power of attorney that grants full power and a specific that allows only specific acts.

Filing fees:        Power of attorney            $12.00

                        Exceeding 3 pages           $2.00 per page

NOTE-This document must be filed at the same time as recording a deed or mortgage signed by the power of attorney or the document must be on file in the county which the land record is being recorded.

Release

  AKA Deed of Release, Satisfaction of Mortgage, Discharge of Mortgage (KRS 382.360, KRS 382.290)

The document must have the following:

¨      Name of the person or entity releasing the obligation

¨      Name of the individual or entity being released

¨      The mortgage book & page reference being released, or the deed book & page in the case of a vendors lien

¨      Release must state whether it is full or partial release

A partial release requires a description of property being released.  

¨      Document must be signed by parties executing the release and signatures notarized

¨      Preparation statement

The clerk shall request a return mail address.

Filing fee is $9.00.

Fees-Land Records
(502) 875-8710

Filing Fee Schedule of Land Records