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362.195 Conveyance of real property of the partnership.
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(2)
(3)
(4)
(5)
Where title to real property is in the partnership name, any partner may convey title
to such property by a conveyance executed in the partnership name; but the
partnership may recover such property unless the partner's act binds the partnership
under the provisions of KRS 362.190(1) or unless such property has been conveyed
by the grantee or a person claiming through such grantee to a holder for value
without knowledge that the partner, in making the conveyance, has exceeded his
authority.
Where title to real property is in the name of the partnership, a conveyance executed
by a partner, in his own name, passes the equitable interest of the partnership,
provided the act is one within the authority of the partner under the provisions of
KRS 362.190(1).
Where title to real property is in the name of one (1) or more but not all the partners,
and the record does not disclose the right of the partnership, the partners in whose
name the title stands may convey title to such property, but the partnership may
recover such property if the partners' act does not bind the partnership under the
provisions of KRS 362.190(1), unless the purchaser of his assignee, is a holder for
value, without knowledge.
Where the title to real property is in the name of one (1) or more or all the partners,
or in a third person in trust for the partnership, a conveyance executed by a partner
in the partnership name, or in his own name, passes the equitable interest of the
partnership, provided the act is one within the authority of the partner under the
provisions of KRS 362.190(1).
Where the title to real property is in the names of all the partners a conveyance
executed by all the partners passes all their rights in such property.
Effective: June 26, 2007
History: Repeal the prior repeal contained in 2006 Ky. Acts ch. 149, sec. 239, which
was to have been effective January 1, 2008, 2007 Ky. Acts ch. 137, sec. 180,
effective June 26, 2007. -- Repealed 2006 Ky. Acts ch. 149, sec. 239, effective
January 1, 2008. -- Created 1954 Ky. Acts ch. 38, sec. 10, effective June 17, 1954.
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