Encumbrances
City Assessment and Enforcement Liens
The statutes address various city assessments that may constitute a lien if filed and recorded. These liens include improvement assessments, sewer and sanitation assessments, general assistance receipts, code enforcement, public improvements and ordinance-related liens. Many of the statutes are based on the class of city. The statutes include: KRS 65.8835, KRS 67A.795, KRS 67A.889, KRS 76.170, KRS 76.241, KRS 98.013, KRS 107.160, KRS 381.780
The document requires:
• The name of the person(s) or entity that has interest in the land the lien is being filed against. (KRS 382.440)
• The name of the person or entity bringing the action. (KRS 382.440 & 382.335)
• A legal description of the land involved (KRS 382.440) or at a minimum the property address
• A preparation statement (KRS 382.335) (if court prepared may not have a preparation statement.
• The clerk shall request a return mail address (KRS 382.240)
• The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.
Indexing information: Indexed as a Lis Pendens, these documents are filed in the encumbrance book and indexed in the encumbrance index per KRS 382.460. They are indexed under the names of each person whose interest in the property is affected. The first party is the property owner. The second party is the entity asserting the lien.
RELEASE OF CITY ASSESSMENTS & ENFORCEMENT LIENS
The lien release can only be made by the same entity that filed the lien.
Recording requirements are the same as a Release of Lis Pendens.
