LIMITATION OF ACTIONS

KRS tit. XXXVI, ch. 413

in effect

KRS 413.010 Action for recovery of real property -- Fifteen year limitation

413.010. Action for recovery of real property -- Fifteen year limitation Subject to KRS 411.190(8), an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 306, sec. 1, effective July 15, 2002. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2505.

KRS 413.020 Action for recovery of real property -- Plaintiff under disability

413.020. Action for recovery of real property -- Plaintiff under disability If, at the time the right of any person to bring an action for the recovery of real property first accrued, he was an infant or of unsound mind, he or the person claiming through him may, though the period of fifteen (15) years has expired, bring the action within three (3) years after the time the disability is removed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2506.

KRS 413.030 Action for recovery of real property -- Extension for disability limited -- No extension past thirty years

413.030. Action for recovery of real property -- Extension for disability limited -- No extension past thirty years (1) The time within which an action for the recovery of real property may be brought shall not be extended by reason of any disability that did not exist when the right to bring the action first accrued, nor by reason of any disability of the heirs of the person to whom the right first accrued. (2) The period within which an action for the recovery of real property may be brought shall not, in any case, be extended beyond thirty (30) years from the time when the right to bring the action first accrued to the plaintiff or the person through whom he claims. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2507, 2508.

KRS 413.040 Claim not to preserve right of action

413.040. Claim not to preserve right of action No continual claim upon or near real property shall preserve a right to bring an action. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2509.

KRS 413.050 Limitation on action by city on public easement -- On action for possession of public road -- Effect of notice

413.050. Limitation on action by city on public easement -- On action for possession of public road -- Effect of notice (1) The limitations mentioned in KRS 413.010 to 413.040 shall not begin to run in respect to actions by a city for the recovery of any part of any street, alley or other public easement or the use thereof in the city, until the legislative body of the city has been notified in writing by the party in possession or about to take possession that his possession will be adverse to the right or title of the city. Until such notice is given, all possession of any part of any street, alley or public easement in any city shall be deemed amicable, and the person in possession the tenant at will of the city. (2) Limitation shall not begin to run in favor of any person in the possession of any part of any public road until written notice is given to the county judge/executive of the county in which the road is situated that the possession is adverse to the right of the public to the use of the road. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 520, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2546, 2547.

KRS 413.060 Person holding land under adverse title for seven years -- Extension for disability

413.060. Person holding land under adverse title for seven years -- Extension for disability (1) No action shall be brought under or by virtue of an adverse, interfering entry, survey or patent to recover the title or possession of land from an occupant if he, or the person under whom he claims, has a connected title thereto in law or equity, deducible of record from the Commonwealth, and has an actual occupancy of it by settlement thereon, under such title, for seven (7) years before the commencement of the action. This possession of land shall bar the right of entry into it by any person, under an adverse title or claim, and sufficient possession to bar the right to recover it shall vest the title in the occupant or his vendee. (2) The provisions of subsection (1) of this section shall not apply to a person who is an infant, of unsound mind or out of the United States in the employment of the United States or of this state at the time the cause of action accrued, until seven (7) years after the removal of such disability. The disability of one (1) of several claimants shall save only his own right, and not that of another. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2513.

KRS 413.070 Action upon equity of redemption in real property

413.070. Action upon equity of redemption in real property After a mortgagee of real property or any person claiming under him has had fifteen (15) years' continued adverse possession, no action shall be brought by the mortgagor or anyone claiming under him to redeem the property. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2539.

KRS 413.072 Relationship of agricultural and silvicultural operations to law of nuisance and trespass -- Preemption of local ordinances -- Sustainable agriculture and best management practices

413.072. Relationship of agricultural and silvicultural operations to law of nuisance and trespass -- Preemption of local ordinances -- Sustainable agriculture and best management practices (1) It is the declared policy of the Commonwealth to conserve, protect, and encourage the development and improvement of its agricultural land and silvicultural land for the production of food, timber, and other agricultural and silvicultural products. When nonagricultural land uses extend into agricultural and silvicultural areas, agricultural and silvicultural operations often become the subject of nuisance suits or legal actions restricting agricultural or silvicultural operations. As a result, agricultural and silvicultural operations are sometimes either curtailed or forced to cease operations. Investments in farm and timber improvements may be discouraged. It is the purpose of this section to reduce the loss to the state of its agricultural and silvicultural resources by clarifying the circumstances under which agricultural and silvicultural operations may be deemed to be a nuisance or interfered with by local ordinances or legal actions. (2) No agricultural or silvicultural operation or any of its appurtenances shall be or become a nuisance or trespass, private or public, or be in violation of any zoning ordinance, or be subject to any ordinance that would restrict the right of the operator of the agricultural or silvicultural operation to utilize normal and accepted practices, by any changed conditions in or about the locality thereof after the same has been in operation for more than one (1) year, when the operation was not a nuisance at the time the operation began. The provisions of this subsection shall not apply whenever a nuisance, trespass, or zoning violation results from the negligent operation of an agricultural or silvicultural operation or its appurtenances. (3) (a) For the purposes of this section, "agricultural operation" includes, but is not limited to, any facility for the production of crops, livestock, equine, poultry, livestock products, poultry products, horticultural products, and any generally accepted, reasonable, and prudent method for the operation of a farm to obtain a monetary profit that complies with applicable laws and administrative regulations, and is performed in a reasonable and prudent manner customary among farm operators. Agricultural practices protected by this section shall include, but not be limited to, fertilizer application, the application of pesticides or herbicides that have been approved by public authority, planting, cultivating, mowing, harvesting, land clearing, and constructing farm buildings, roads, lakes, and ponds associated with a farming operation. (b) 1. An agricultural operation may include the practice of sustainable agriculture. 2. For purposes of this section, "sustainable agriculture" includes science- based practices that: a. Are supported by research and the use of technology; b. Are demonstrated to lead to broad outcomes-based performance improvements that meet the needs of the present; and c. Improve the ability of future generations to meet their needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities. 3. Sustainable agriculture may use continuous improvement principles, with goals that include: a. Increasing agricultural productivity; b. Improving human health through access to safe, nutritious, and affordable food; and c. Enhancing agricultural and surrounding environments, including water, soil, and air quality, biodiversity, and habitat preservation. (4) For the purposes of this section, "silvicultural operation" includes timber harvest, site preparation, slash disposal including controlled burning, tree planting, precommercial thinning, release, fertilization, animal damage control, reasonable water resource management, insect and disease control in forest land, and any other generally accepted, reasonable, and prudent practice normally employed in the management of the timber resource for monetary profit. A silvicultural operation inherently includes lengthy periods between harvests and shall be deemed continuously operating so long as the property supports an actual or developing forest. (5) An agricultural or silvicultural operation shall not lose its status by reason of a change of ownership or a cessation of operation of no more than five (5) years or one (1) year after the expiration of a state or national program contract, either in whole or in part, nor shall it lose its status by reason of changes of crops or methods of production due to the introduction and use of new and generally accepted technologies which allow the operator to continue an existing agricultural or silvicultural corporation, unless the operation is substantially changed. (6) The provisions of this section shall not affect the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of pollution of the waters of any stream or ground water of the person, firm, or corporation. (7) Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make an agricultural or silvicultural operation or its appurtenances a nuisance per se, or providing for abatement thereof as a nuisance, a trespass, or a zoning violation in the circumstance set forth in this section shall be void. However, the provisions of this subsection shall not apply whenever a nuisance results from the negligent operation of any such agricultural operation or any of its appurtenances. (8) Any administrative regulation promulgated by any agency that establishes standards for harvesting or producing agricultural crops in a sustainable manner shall be based on the principles outlined in this section and shall allow the use of best management practices developed under KRS 224.71-100 to 224.71-140. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 100, sec. 1, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 91, sec. 1, effective July 15, 1996. -- Created 1980 Ky. Acts ch. 214, sec. 1, effective July 15, 1980. Legislative Research Commission Note (7/15/2010). Under the authority of KRS 7.136(1), the Reviser of Statutes has inserted subparagraph and subdivision designations into subsection (3)(b) of this statute during codification. The meaning of the text was not changed.

KRS 413.080 Action upon equity of redemption in personal property

413.080. Action upon equity of redemption in personal property After a mortgagee of personal property or any person claiming under him has had five (5) years' continued adverse possession, no action shall be brought by the mortgagor or any person claiming under him to redeem the property. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2540.

KRS 413.090 Action upon judgment, contract, or bond -- Fifteen-year limitation -- Action for child support arrearages -- Time to commence action tolled until obligations cease as to last child on order

413.090. Action upon judgment, contract, or bond -- Fifteen-year limitation -- Action for child support arrearages -- Time to commence action tolled until obligations cease as to last child on order Except as provided in KRS 396.205, 413.110, 413.220, 413.230 and 413.240, the following actions shall be commenced within fifteen (15) years after the cause of action first accrued: (1) An action upon a judgment or decree of any court of this state or of the United States, or of any state or territory thereof, the period to be computed from the date of the last execution thereon; (2) An action upon a recognizance, bond, or written contract, except that actions upon written contracts executed after July 15, 2014, shall be governed by KRS 413.160; (3) An action upon the official bond of a sheriff, marshal, clerk, constable, or any other public officer, or any commissioner, receiver, curator, personal representative, guardian, conservator, or trustee appointed by a court or authority of law; (4) An action upon an appeal bond or bond given on a supersedeas, attachment, injunction, order of arrest or for the delivery of property or for the forthcoming of property, or to obey or perform an order or judgment of court in an action, or upon a bond for costs, or any other bond taken by a court or judge or by an officer pursuant to the directions of a court or judge, in an action or after judgment or decree, or upon a replevin, sale, or delivery bond taken under execution or decree, upon an indemnifying bond taken under a statute, or upon a bond to suspend a proceeding, or upon a bond or obligation for the payment of money or property or for the performance of any undertaking; and (5) An action to recover unpaid child support arrearages, which may be initiated as one (1) cumulative action for all child support arrearages owed under a court order, with the time to commence an action under this subsection being tolled until all current child support obligations cease as to the last child covered by that order. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 142, sec. 2, effective July 15, 2014. -- Amended 2008 Ky. Acts ch. 21, sec. 4, effective July 15, 2008. -- Amended 1988 Ky. Acts ch. 90, sec. 30, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 141, sec. 130, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 417, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2514. Legislative Research Commission Note (2/15/91). The prior reference to KRS 396.025 near the beginning of this statute was the result of an apparent inadvertent transposition of digits in codifying. See 1988 Ky. Acts Ch. 90, §§ 30 and 26. Pursuant to KRS 7.136, the text of this statute has been corrected to reflect the appropriate cross reference to KRS 396.205. Note: 1980 Ky. Acts ch. 396, sec. 141 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 413.100 Lienee not to extend limitation as against purchasers or creditors -- Exceptions

413.100. Lienee not to extend limitation as against purchasers or creditors -- Exceptions (1) No promise, acknowledgment, or payment of money by any person bound on any bond or obligation for the payment of money secured by a lien shall operate as an extension of the time within which the lien may be enforced as against purchasers or creditors, unless, before expiration of the limitations period for enforcement of the debt under KRS 413.090(2) or 413.160, as applicable: (a) For liens secured by a recorded mortgage, a copy of the extension is recorded in accordance with KRS 382.297; or (b) For liens secured by a recorded deed, a memorandum notice of the extension is recorded that contains: 1. The book and page number where the deed is recorded; 2. A statement that the debt is extended; 3. The time period of the extension; 4. The amount of indebtedness remaining due; and 5. The signature of each promisor and the holder of the lien, acknowledged before a notary public. (2) The payee shall pay the clerk a fee pursuant to KRS 64.012 for the recording. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 130, sec. 2, effective July 15, 2024. -- Amended 2006 Ky. Acts ch. 255, sec. 37, effective January 1, 2007. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2514.

KRS 413.110 Action against county on bonded obligation -- Three year limitation -- Action on state warrant -- Two year limitation

413.110. Action against county on bonded obligation -- Three year limitation -- Action on state warrant -- Two year limitation (1) A cause of action existing against a county by virtue of its bonded obligation for the payment of money, after the county has in good faith offered to redeem the obligations that have matured by the payment in full of all principal and interest due, expires and becomes ineffective at the end of three (3) years after the offer. (2) A cause of action for payment of any warrant of the Commonwealth expires and becomes noneffective unless brought within two (2) years after the Commonwealth has in good faith offered to redeem the warrant by payment in full of all interest and principal due. History: Amended 1966 Ky. Acts ch. 255, sec. 270. -- Amended 1942 Ky. Acts ch. 6, secs. 1, 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2514.

KRS 413.115 Actions to be brought within three years

413.115. Actions to be brought within three years The following actions shall be commenced within three (3) years after the cause of action accrued: (1) An action against an employer for wrongful discharge in violation of public policy; and (2) An action for a violation of KRS 344.030 to 344.110 or 344.372. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 157, sec. 1, effective July 15, 2024.

KRS 413.120 Actions to be brought within five years

413.120. Actions to be brought within five years The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability. (3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing it. (4) An action for trespass on real or personal property. (5) An action for the profits of or damages for withholding real or personal property. (6) An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated. (7) An action upon a bill of exchange, check, draft or order, or any endorsement thereof, or upon a promissory note, placed upon the footing of a bill of exchange. (8) An action to enforce the liability of a steamboat or other vessel. (9) An action upon a merchant's account for goods sold and delivered, or any article charged in such store account. (10) An action upon an account concerning the trade of merchandise, between merchant and merchant or their agents. (11) An action for relief or damages on the ground of fraud or mistake. (12) An action to enforce the liability of bail. (13) An action for personal injuries suffered by any person against the builder of a home or other improvements. This cause of action shall be deemed to accrue at the time of original occupancy of the improvements which the builder caused to be erected. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 121, sec. 3, effective June 24, 2015. -- Amended 1998 Ky. Acts ch. 196, sec. 25, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 224, sec. 6, effective July 15, 1988. -- Amended 1964 Ky. Acts ch. 124, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2515, 2518.

KRS 413.125 Actions relating to personal property to be brought within two years

413.125. Actions relating to personal property to be brought within two years An action for the taking, detaining or injuring of personal property, including an action for specific recovery shall be commenced within two (2) years from the time the cause of action accrued. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 5, effective July 15, 1988.

KRS 413.130 When certain actions in KRS 413.120 accrue

413.130. When certain actions in KRS 413.120 accrue (1) In every action upon a merchants' account as described in subsection (9) of KRS 413.120, the limitation shall be computed from January 1 next succeeding the respective dates of the delivery of the several articles charged in the account. Judgment shall be rendered for no more than the amount of articles actually charged or delivered within five (5) years preceding that in which the action was brought. If any merchant willfully postdates any article charged in such account, or the receipt for the delivery of it, he shall forfeit ten (10) times the amount of the article postdated, to be credited against the account. This credit shall be allowed in an action on the account, without any written pleadings setting it up. (2) In an action to recover a balance due upon a mutual open and current account concerning the trade of merchandise between merchant and merchant or their agents, as described in subsection (10) of KRS 413.120, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account claimed, or proved to be chargeable on the adverse side. (3) In an action for relief or damages for fraud or mistake, referred to in subsection (11) of KRS 413.120, the cause of action shall not be deemed to have accrued until the discovery of the fraud or mistake. However, the action shall be commenced within ten (10) years after the time of making the contract or the perpetration of the fraud. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 121, sec. 4, effective June 24, 2015. -- Amended 1998 Ky. Acts ch. 196, sec. 30, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2518, 2519, 2520.

KRS 413.135 Action for damages arising out of injury

413.135. Action for damages arising out of injury (1) No action to recover damages, whether based upon contract or sounding in tort, resulting from or arising out of any deficiency in the construction components, design, planning, supervision, inspection, or construction of any improvement to real property, or for any injury to property, either real or personal, arising out of such deficiency, or for injury to the person or for wrongful death arising out of any such deficiency, shall be brought against any person after the expiration of seven (7) years following the substantial completion of such improvement. (2) Notwithstanding the provisions of subsection (1) of this section, in the case of such an injury to property or the person or wrongful death resulting from such injury, which injury occurred during the seventh year following substantial completion of such improvement, an action to recover damages for such injury or wrongful death may only be brought within one (1) year from the date upon which such injury occurred (irrespective of the date of death), but in no event may such an action be brought more than eight (8) years after the substantial completion of construction of such improvement. (3) Nothing in this section shall be construed as extending the period prescribed by statute for the bringing of any action for damages. (4) As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated association, or joint stock company; the term "substantial completion" shall be construed to mean the date upon which the owner of the structure, project, or facility first entered upon the occupancy or commenced the use thereof. Effective: July 13, 1990 History: Repealed and reenacted 1990 Ky. Acts ch. 425, sec. 4, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 479, sec. 1, effective July 15, 1986. -- Created 1966 Ky. Acts ch. 246, sec. 1. Legislative Research Commission Note. Subsection (1) of this section was amended in 1986 Acts Ch. 479, Section 1, to extend the period of time in which certain actions may be brought from five to seven years. Inadvertently, when the period of time was extended by committee amendment, subsection (2) was not amended to conform. Pursuant to KRS 7.136, the Reviser of Statutes has made a technical correction in order to make the subsections consistent.

KRS 413.137 Action for damages for injury or illness suffered as a result of female genital mutilation

413.137. Action for damages for injury or illness suffered as a result of female genital mutilation (1) A civil action for recovery of damages for injury or illness suffered as a result of female genital mutilation as defined in KRS 508.125 shall be brought within ten (10) years: (a) Of the procedure being performed; or (b) After the victim attains the age of eighteen (18) years. (2) The court may award actual, compensatory, and punitive damages, and any other appropriate relief. (3) Treble damages may be awarded if the plaintiff proves the defendant's acts were willful and malicious. Effective: April 2, 2020 History: Created 2020 Ky. Acts ch. 74, sec. 5, effective April 2, 2020.

KRS 413.140 Actions to be brought within one year

413.140. Actions to be brought within one year (1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage; (d) An action for libel or slander; (e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice; (f) A civil action, arising out of any act or omission in rendering, or fai ling to render, professional services for others, whether brought in tort or contract, against a real property appraiser holding a certificate or license issued under KRS Chapter 324A or a real estate broker or sales associate holding a license issued under KRS Chapter 324; (g) An action for the escape of a prisoner, arrested or imprisoned on civil process; (h) An action for the recovery of usury paid for the loan or forbearance of money or other thing, against the loaner or forbearer or assignee of either; (i) An action for the recovery of stolen property, by the owner thereof against any person having the same in his or her possession; (j) An action for the recovery of damages or the value of stolen property, against the thief or any accessory; (k) An action arising out of a detention facility disciplinary proceeding, whether based upon state or federal law; (l) An action for damages arising out of a deficiency, defect, omission, error, or miscalculation in any survey or plat, whether brought in tort or contract, against a licensed professional land surveyor holding a license under KRS Chapter 322; (m) An action for violating KRS 311.782; and (n) An action for violating KRS 311.731. (2) In respect to the action referred to in subsection (1)(e) of this section, the cause of action shall be deemed to accrue at the time the injury is first discovered or in the exercise of reasonable care should have been discovered; provided that such action shall be commenced within five (5) years from the date on which the alleged negligent act or omission is said to have occurred. (3) In respect to the action referred to in subsection (1)(f) or (l) of this sect ion, the cause of action shall be deemed to accrue within one (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured. (4) In respect to the action referred to in subsection (1)(h) of this section, the cause of action shall be deemed to accrue at the time of payment. This limitation shall apply to all payments made on all demands, whether evidenced by writing or existing only in parol. (5) In respect to the action referred to in subsection (1)(i) of this section, the cause of action shall be deemed to accrue at the time the property is found by its owner. (6) In respect to the action referred to in subsection (1)(j) of this section, the cause of action shall be deemed to accrue at the time of discovery of the liability. (7) In respect to the action referred to in subsection (1)(k) of this section, the cause of action shall be deemed to accrue on the date an appeal of the disciplinary proceeding is decided by the institutional warden. (8) In respect to the action referred to in subsection (1)(m) or (n) of this section, the cause of action shall be deemed to accrue after the performance or inducement or attempt to perform or induce the abortion. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 172, sec. 28, effective July 15, 2026. -- Amended 2019 Ky. Acts ch. 37, sec. 7, effective March 19, 2019; and ch. 135, sec. 10, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 5, sec. 10, effective January 9, 2017. -- Amended 2013 Ky. Acts ch. 48, sec. 1, effective June 25, 2013. -- Amended 2002 Ky. Acts ch. 11, sec. 3, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 309, sec. 1, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 386, sec. 98. -- Amended 1972 Ky. Acts ch. 20, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2516, 2517, 2553. Legislative Research Commission Note (6/27/2019). This statute was amended by 2019 Ky. Acts chs. 37 and 135, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (3/19/2019). 2019 Ky. Acts. 37, sec. 8, provides that 2019 Ky. Acts ch. 37 may be cited as the "Human Rights of the Unborn Child and Anti-Discrimination Act." This statute was amended in Section 7 of that Act.

KRS 413.150 Actions by the Commonwealth

413.150. Actions by the Commonwealth The limitations prescribed in this chapter shall apply to actions brought by or in the name of the Commonwealth the same as to actions by private persons, except where a different time is prescribed by statute. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2523.

KRS 413.160 Actions upon written contract or not provided for by statute -- Ten-year limitation

413.160. Actions upon written contract or not provided for by statute -- Ten-year limitation An action upon a written contract executed after July 15, 2014, unless otherwise provided by statute, and an action for relief not provided for by statute can only be commenced within ten (10) years after the cause of action accrued. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 142, sec. 1, effective July 15, 2014. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2522.

KRS 413.170 Limitations of actions in KRS 413.090 to 413.160 do not run until removal of disability or death

413.170. Limitations of actions in KRS 413.090 to 413.160 do not run until removal of disability or death (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160, except for a penalty or forfeiture, was, at the time the cause of action accrued, an infant or of unsound mind, the action may be brought within the same number of years after the removal of the disability or death of the person, whichever happens first, allowed to a person without the disability to bring the action after the right accrued. (2) The right of action upon the official bond of a guardian, personal representative, curator, of the sheriff, or the officer acting as personal representative, or of any other person receiving and holding money to be distributed to a ward, distributee or devisee, under the order of court or by authority of law, of a ward, distributee, devisee or other person entitled, who was an infant when the bond was executed, shall not be deemed to have accrued, unless otherwise expressed in the bond, before the plaintiff attained the age of twenty-one (21) years. Where there are several wards, or several distributees or devisees or other beneficiaries secured by the same bond, who, or some of whom, were infants when the bond was given, the right of action of each one (1) of such infants shall not be deemed to have accrued before he attained the age of twenty-one (21) years. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2521, 2525.

KRS 413.180 Action by or against personal representative under KRS 413.090 to 413.160

413.180. Action by or against personal representative under KRS 413.090 to 413.160 (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one (1) year after the qualification of the representative. (2) If a person dies before the time at which the right to bring any action mentioned in KRS 413.090 to 413.160 would have accrued to him if he had continued alive, and there is an interval of more than one (1) year between his death and the qualification of his personal representative, that representative, for purposes of this chapter, shall be deemed to have qualified on the last day of the one-year period. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 90, sec. 27, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 299, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2526, 2527, 2528.

KRS 413.190 Result of absence from the state or obstruction of action under KRS 413.090 to 413.160

413.190. Result of absence from the state or obstruction of action under KRS 413.090 to 413.160 (1) If, at the time any cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, he is absent from it, the period limited for the commencement of the action against him shall be computed from the time of his return to this state. (2) When a cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, and he by absconding or concealing himself or by any other indirect means obstructs the prosecution of the action, the time of the continuance of the absence from the state or obstruction shall not be computed as any part of the period within which the action shall be commenced. But this saving shall not prevent the limitation from operating in favor of any other person not so acting, whether he is a necessary party to the action or not. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2531, 2532.

KRS 413.220 Sureties who are discharged after seven years

413.220. Sureties who are discharged after seven years (1) A surety shall be discharged from all liability under any judgment or decree, after the lapse of seven (7) years without the issue of execution and prosecution in good faith for collection. (2) A surety in any bond given in the course of any judicial proceeding shall be discharged from all liability on it unless suit is brought on it within seven (7) years after the cause of action accrues. (3) A surety in any obligation or contract, other than those provided for in KRS 413.230, shall be discharged from all liability on it unless suit is brought on it within seven (7) years after the cause of action accrues. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2548, 2549, 2551.

KRS 413.230 Sureties who are discharged after five years

413.230. Sureties who are discharged after five years A surety for an executor, administrator, guardian or curator, or for a sheriff to whom a decedent's estate has been transferred, shall be discharged from all liability to a distributee, devisee or ward when five (5) years have elapsed without suit after the cause of action accrued, and after the devisee, distributee or ward attained full age. But the failure of one to commence action in time shall not affect the right of another. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 28, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 299, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2550.

KRS 413.240 Action against surety -- When limitation does not run

413.240. Action against surety -- When limitation does not run The limitations given in KRS 413.220 and 413.230 shall not apply to the time elapsed when there was no executor, administrator or other person authorized to commence an action, nor to the six (6) months during which an action cannot be brought against a personal representative, nor to any delay assented to by the surety in writing. If judgment is rendered for the plaintiff in any case provided for in those sections and it is afterwards reversed or arrested so that the plaintiff takes nothing by it, he may commence another action within one (1) year thereafter. If the surety absconds, conceals himself or by removal from the state or otherwise, obstructs or hinders his being sued the time of such obstruction shall not be counted as part of the time of limitation allowed by those sections. If the judgment is obstructed by appeal, supersedeas or injunction the time of such obstruction shall also be disallowed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2552.

KRS 413.241 Legislative finding -- Limitation on liability of licensed sellers or servers of intoxicating beverages -- Liability of intoxicated person

413.241. Legislative finding -- Limitation on liability of licensed sellers or servers of intoxicating beverages -- Liability of intoxicated person (1) The General Assembly finds and declares that the consumption of intoxicating beverages, rather than the serving, furnishing, or sale of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or another person. (2) Any other law to the contrary notwithstanding, no person holding a permit under KRS Chapters 241 to 244, nor any agent, servant, or employee of the person, who sells or serves intoxicating beverages to a person over the age for the lawful purchase thereof, shall be liable to that person or to any other person or to the estate, successors, or survivors of either for any injury suffered off the premises including but not limited to wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served, unless a reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of serving. (3) The intoxicated person shall be primarily liable with respect to injuries suffered by third persons. (4) The limitation of liability provided by this section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol. (5) This section shall not apply to civil actions filed prior to July 15, 1988. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 103, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 121, sec. 36, effective July 15, 1998. -- Created 1988 Ky. Acts ch. 434, sec. 1, effective July 15, 1988.

KRS 413.242 Prerequisite to action against purchaser or selling agent of equine interest

413.242. Prerequisite to action against purchaser or selling agent of equine interest Before a party possessing a security interest or lien against an equine interest that has been sold without the debt to the party being discharged may bring an action against the purchaser or selling agent of the equine interest, the secured party shall pursue a remedy against the debtor to the point where a judgment is rendered on the merits or the suit is dismissed with prejudice. Effective: July 1, 2001 History: Created 2000 Ky. Acts ch. 408, sec. 184, effective July 1, 2001.

KRS 413.243 "Professional services" defined

413.243. "Professional services" defined As used in KRS 413.245, "professional services" means any service rendered in a profession required to be licensed, administered and regulated as professions in the Commonwealth of Kentucky, except those professions governed by KRS 413.140. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 159, sec. 1, effective July 15, 1980.

KRS 413.245 Actions arising out of the rendering, or failure to render, professional services to others

413.245. Actions arising out of the rendering, or failure to render, professional services to others Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render, professional services for others shall be brought within one (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured. Time shall not commence against a party under legal disability until removal of the disability. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 159, sec. 2, effective July 15, 1980.

KRS 413.246 Action for damages based on professional services rendered by licensed home inspector

413.246. Action for damages based on professional services rendered by licensed home inspector (1) An action for damages, whether brought in contract or tort, or on any other basis, based on professional services that were rendered or that should have been rendered by a licensed home inspector under KRS 198B.700 to 198B.738 shall not be brought, commenced, or maintained unless the action is filed within one (1) year of the time that the claimant knew or should have known of a deficient inspection and damages and injuries resulting therefrom. (2) Nothing in this section creates any duty to a third party that is not available under common law. Effective: July 15, 2008 History: Repealed, reenacted, and amended 2008 Ky. Acts ch. 100, sec. 10, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 18, effective July 13, 2004. Formerly codified as KRS 198B.734

KRS 413.249 Action relating to childhood sexual abuse or childhood sexual assault

413.249. Action relating to childhood sexual abuse or childhood sexual assault (1) As used in this section: (a) "Childhood sexual assault or abuse" means an act or series of acts against a person less than eighteen (18) years old and which meets the criteria defining a misdemeanor or felony in: 1. KRS Chapter 510; 2. KRS 529.040 when the defendant advances or profits from the prostitution of a minor; 3. KRS 529.100 when the offense involves commercial sexual activity; 4. KRS 529.110 when the offense involves commercial sexual activity; 5. KRS 530.020 or 530.064(1)(a); 6. KRS Chapter 531 involving a minor or depiction of a minor; or 7. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit any of the offenses described in subparagraphs 1. to 6. of this paragraph. No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action for redress of childhood sexual assault or abuse; (b) "Entity" means a firm, partnership, company, corporation, trustee, association, or any private or public entity, including the Commonwealth, a city, county, urban-county, consolidated local government, unified local government, or charter county government, or any of their agencies, departments, or any KRS 58.180 nonprofit nonstock corporation; and (c) "Injury or illness" means either a physical or psychological injury or illness. (2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought within ten (10) years after the victim attains the age of eighteen (18) years. (3) The time period set forth in subsection (2) of this section shall apply to a civil action for recovery of damages for injury or illness against: (a) A person alleged to have committed the act of childhood sexual assault or abuse; or (b) An entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual assault or abuse that resulted in the injury to the plaintiff. (4) The complaint shall be accompanied by a motion to seal the record and the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until: (a) The court rules upon the motion to seal; (b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed unless opened by a higher court; or (c) The defendant files an answer and a motion to seal the record upon grounds that a valid factual defense exists, to be raised in a motion for summary judgment pursuant to CR 56. The record shall remain sealed by the clerk until the court rules upon the defendant's motion to close the record. If the court grants the motion to close, the record shall remain sealed until the defendant's motion for summary judgment is granted. The complaint, motions, and other related papers or pleadings shall remain sealed unless opened by a higher court. (5) A victim of childhood sexual assault or abuse shall not have a cause of action against a third party, unless the third party failed to act as a reasonable person or entity in complying with their duties to the victim. (6) (a) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for excluding evidence regarding childhood sexual assault or abuse or the cause thereof when an exception to the Kentucky Rules of Evidence is met, in any judicial proceeding. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding childhood sexual assault or abuse. (b) As used in paragraph (a) of this subsection, the clergy-penitent privilege is limited to information received solely through confidential communications with a clergy member, privately or in a confessional setting, when in the course of the discipline or practice of the clergy member's church, denomination, or organization, he or she is authorized or accustomed to hearing those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret. (7) (a) As was its intention with the passage of 2017 Ky. Acts ch. 114, sec. 2, the General Assembly hereby states that the amendments enacted in 2017 Ky. Acts ch. 114, sec. 2 shall be applied retroactively to actions accruing before its effective date of June 29, 2017. This section is a remedial statute which is to be given the most liberal interpretation to provide remedies for victims of childhood sexual assault or abuse. (b) Notwithstanding any provision of law to the contrary, any claim for childhood sexual assault or abuse that was barred as of March 23, 2021, because the applicable statute of limitations had expired is hereby revived, and the action may be brought if commenced within five (5) years of the date on which the applicable statute of limitations expired. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 3, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 89, sec. 2, effective March 23, 2021. -- Amended 2017 Ky. Acts ch. 114, sec. 2, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 25, sec. 20, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 19, sec. 9, effective June 26, 2007. -- Created 1998 Ky. Acts ch. 577, sec. 1, effective July 15, 1998. Legislative Research Commission Note (3/23/2021). 2021 Ky. Acts ch. 89, sec. 3 provides that the Act, which amended this statute and KRS 500.050, "shall apply to causes of action accruing on or after [March 23, 2021], and to causes of action accruing before [March 23, 2021], if the applicable statute of limitations, as it existed prior to [March 23, 2021], has not yet run before [March 23, 2021]."

KRS 413.250 When action commences

413.250. When action commences An action shall be deemed to commence on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2524.

KRS 413.260 Effect of injunction or other restraint on limitation

413.260. Effect of injunction or other restraint on limitation (1) If the doing of an act necessary to save any right or benefit is restrained or suspended by injunction or other lawful restraint, vacancy in office, absence of an officer or his refusal to act, the time covered by the injunction, restraint, vacancy, absence or refusal to act shall not be counted in the application of any statute of limitations. (2) When the collection of a judgment or the commencement of an action is stayed by injunction, the time of continuance of the injunction shall not be counted as part of the period limited for the collection of the judgment or the commencement of the action. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2535, 2544.

KRS 413.265 Validity of agreements extending limitations periods

413.265. Validity of agreements extending limitations periods Written agreements entered into in good faith and at arms length to extend limitations periods for the filing of civil actions, including agreements entered into prior to July 15, 1988, shall be valid and enforceable according to their terms. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 268, sec. 1, effective July 15, 1988.

KRS 413.270 Effect of judgment of no jurisdiction -- Application to administrative agencies

413.270. Effect of judgment of no jurisdiction -- Application to administrative agencies (1) If an action is commenced in due time and in good faith in any court of this state and the defendants or any of them make defense, and it is adjudged that the court has no jurisdiction of the action, the plaintiff or his representative may, within ninety (90) days from the time of that judgment, commence a new action in the proper court. The time between the commencement of the first and last action shall not be counted in applying any statute of limitation. (2) As used in this section, "court" means all courts, commissions, and boards which are judicial or quasi-judicial tribunals authorized by the Constitution or statutes of the Commonwealth of Kentucky or of the United States of America. History: Amended 1958 Ky. Acts ch. 54, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2545.

KRS 413.280 Person under more than one disability

413.280. Person under more than one disability When two (2) or more disabilities exist in the same person at the time the cause of action accrues, the limitation does not attach until they are all removed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2538.

KRS 413.290 Limitations only to residents -- Notice

413.290. Limitations only to residents -- Notice Limitations shall not begin to run in favor of persons coming temporarily into this state, but shall attach only in favor of actual residents in good faith, and after notice to the person to be affected thereby. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2533.

KRS 413.300 Plaintiff a citizen of enemy country

413.300. Plaintiff a citizen of enemy country If the plaintiff is an alien and a subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be counted as part of the period limited for the commencement of an action. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2534.

KRS 413.320 Cause of action barred here if barred where it accrued

413.320. Cause of action barred here if barred where it accrued When a cause of action has arisen in another state or country, and by the laws of this state or country where the cause of action accrued the time for the commencement of an action thereon is limited to a shorter period of time than the period of limitation prescribed by the laws of this state for a like cause of action, then said action shall be barred in this state at the expiration of said shorter period. History: Amended 1942 Ky. Acts ch. 206, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2542.

KRS 413.330 Action on judgment barred here if barred where rendered -- Exception

413.330. Action on judgment barred here if barred where rendered -- Exception If, by the laws of any other state or country, an action upon a judgment or decree rendered in that state or country cannot be maintained there by reason of the lapse of time, and the judgment or decree is incapable of being otherwise enforced there, an action upon it may not be maintained in this state, except in favor of a resident thereof who has had the cause of action from the time it accrued. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2541.

KRS 413.2475 Action relating to operation of unmanned aircraft system

413.2475. Action relating to operation of unmanned aircraft system An action filed pursuant to KRS 411.067 shall be commenced within seven (7) years after the cause of action accrued. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 19, sec. 3, effective June 27, 2025.

KRS 413.2485 Action relating to injury to or illness of an adult as a result of a sexual offense

413.2485. Action relating to injury to or illness of an adult as a result of a sexual offense (1) As used in this section, "injury or illness" means either a physical or psychological injury or illness. (2) A civil action for recovery of damages for an injury or illness suffered as a result of an act or series of acts against a person eighteen (18) years old or older that meets the criteria of KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 510.150, 529.100 where the offense involves commercial sexual activity, 529.110 where the offense involves commercial sexual activity, 530.020, 531.090, or 531.100, shall be brought before whichever of the following periods last expires: (a) Within five (5) years of the act or the last of a series of acts by the same perpetrator; (b) Within five (5) years of the date the victim knew, or should have known, of the act; (c) Within five (5) years upon knowledge or identity of the perpetrator; or (d) Within five (5) years of the conviction of a civil defendant for KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 510.150, 529.100 where the offense involves commercial sexual activity, 529.110 where the offense involves commercial sexual activity, 530.020, 531.090, or 531.100. (3) No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action under this section for redress of an injury or illness. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 114, sec. 1, effective June 29, 2017.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39261Fetched: 10/20/2026