Kentucky · TitleKentucky quiet title: who can sue and who pays the costs
Any person having both the legal title to and possession of Kentucky land may sue, by petition in equity in the circuit court of the county where the land or part of it lies, anyone setting up a claim to it. If the plaintiff establishes title, the court orders the defendant to release the claim and pay the plaintiff's costs – unless the defendant's answer disclaims all title and offers to give the release, in which case the plaintiff pays the defendant's costs, unless for special reasons the court decides otherwise (KRS 411.120).
What the statute sets
Who sues (KRS 411.120)
A person with both legal title and possession, in the circuit court of the county.
Win (KRS 411.120)
The claimant releases the claim and pays the owner's costs.
Disclaimer (KRS 411.120)
A claimant who disclaims and offers a release gets its costs from the owner.
What the TC does when a cloud blocks a Kentucky closing
- Ask the title company exactly which cloud blocks the policy and what would cure it.
- If a quiet title suit is needed, get the seller's attorney's estimated timeline.
- Move the closing date only after the title company confirms the cure.
Questions about quiet title in Kentucky
Who can sue to quiet title in Kentucky?
A person with both legal title and possession of the land, by petition in equity in the circuit court of the county (KRS 411.120).
Who pays costs if the Kentucky claimant gives up?
If the claimant disclaims all title in its answer and offers a release, the owner pays the claimant's costs unless the court decides otherwise (KRS 411.120).
Related guides
Track title cures and their deadlines as tasks on the deal in ClosingCode.
Start free trialSource: KRS 411.120 (apps.legislature.ky.gov), read October 30, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.