{"data":{"id":"us-ky/krs-56.245","jurisdiction":"us-ky","citation":"KRS 56.245","heading":"Caveats, entry of and proceedings.","body":"(1) If any person obtains a survey of land to which another claims a better right, such\nother may enter a caveat with the register to prevent the issuing of a grant until the\nright be determined. The caveat shall state the plaintiff's claim and the reasons why\nthe grant should not issue. It shall be verified by his affidavit, or by that of his agent,\nand declare that it is entered in good faith, with the intention of procuring the land\nfor the plaintiff, and not for the benefit of the person against whom it is entered.\n(2) A copy of the caveat, certified by the register, shall, within sixty (60) days from the\ntime it is entered, be lodged with the clerk of the Circuit Court of the county where\nthe land or the greater part thereof lies. Failure so to lodge such c opy shall be\ndeemed an abandonment of the caveat; and it may be disregarded by the register,\nupon the clerk's certificate of such failure being filed in his office.\n(3) If such copy be lodged within said period, it shall be treated as a petition, and the\nproceedings upon it shall be the same, including an appeal to the Court of Appeals,\nas those in an ordinary action.\n(4) If the summons be not returned in due time, or be returned not executed, the caveat\nshall be dismissed, if it be shown that the nonexecut ion or nonreturn was procured\nby the plaintiff or resulted from his neglect.\n(5) A copy of the judgment, if in favor of the defendant, must be delivered into the land\noffice within three (3) months from the time it is rendered; or a new caveat may, for\nthat cause, be entered against the grant. If the judgment be for the plaintiff, and a\ncopy thereof be not delivered into the land office within six (6) months from the\ntime it was rendered, any other person may, for that cause, enter another caveat\nagainst the grant.\n(6) No grant shall issue to the land in contest, to the plaintiff in the caveat, or to another\nfor his use, until the caveat be dismissed or decided; and any such grant, to the\nextent of such land, shall be void.\n(7) If the plaintiff does not pros ecute his caveat as herein required, or if the same be\ndismissed or decided against him, neither he nor any other for his use shall have\nanother caveat against the same grant.\n(8) The court may, in its discretion, require the plaintiff to give security for  costs; and\nupon his failure to do so may dismiss the proceeding.","path":["KRS Chapter 56"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22613","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:10Z","sha256":"3ee3dcbb6409766215b7ec7b2096898cc64aa73d03bae896c3de810f8933f21a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-56.240","next":"us-ky/krs-56.250"},"notice":"GroundRules: Original legal text. Not legal advice."}