KRS 56.245: Caveats, entry of and proceedings.

(1) If any person obtains a survey of land to which another claims a better right, such

other may enter a caveat with the register to prevent the issuing of a grant until the

right be determined. The caveat shall state the plaintiff's claim and the reasons why

the grant should not issue. It shall be verified by his affidavit, or by that of his agent,

and declare that it is entered in good faith, with the intention of procuring the land

for the plaintiff, and not for the benefit of the person against whom it is entered.

(2) A copy of the caveat, certified by the register, shall, within sixty (60) days from the

time it is entered, be lodged with the clerk of the Circuit Court of the county where

the land or the greater part thereof lies. Failure so to lodge such c opy shall be

deemed an abandonment of the caveat; and it may be disregarded by the register,

upon the clerk's certificate of such failure being filed in his office.

(3) If such copy be lodged within said period, it shall be treated as a petition, and the

proceedings upon it shall be the same, including an appeal to the Court of Appeals,

as those in an ordinary action.

(4) If the summons be not returned in due time, or be returned not executed, the caveat

shall be dismissed, if it be shown that the nonexecut ion or nonreturn was procured

by the plaintiff or resulted from his neglect.

(5) A copy of the judgment, if in favor of the defendant, must be delivered into the land

office within three (3) months from the time it is rendered; or a new caveat may, for

that cause, be entered against the grant. If the judgment be for the plaintiff, and a

copy thereof be not delivered into the land office within six (6) months from the

time it was rendered, any other person may, for that cause, enter another caveat

against the grant.

(6) No grant shall issue to the land in contest, to the plaintiff in the caveat, or to another

for his use, until the caveat be dismissed or decided; and any such grant, to the

extent of such land, shall be void.

(7) If the plaintiff does not pros ecute his caveat as herein required, or if the same be

dismissed or decided against him, neither he nor any other for his use shall have

another caveat against the same grant.

(8) The court may, in its discretion, require the plaintiff to give security for costs; and

upon his failure to do so may dismiss the proceeding.