Request By:
Mr. Charles W. Morehead
Warren County Clerk
Bowling Green, Kentucky 42101
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You present two questions relating to the recordability of deeds and mortgages. The questions read as follows:
"When the description of the property being conveyed is not written into the body of the deed, or real estate mortgage; but mentioned as being an Exhibit A, attached and made a part therein, should we accept the instrument for record?
"Also, when the address of the grantee is omitted is it recordable?"
The deed example you sent states: "the Grantor does hereby bargain, sell, alien, grant, and convey unto the grantee, its successors or assigns, that certain real property located in Warren County, Kentucky, more particularly described on Exhibit A attached hereto and made a part hereof." (Emphasis added). The Exhibit "A" is appended to and comes after the grantor's signature page. Exhibit "A" gives a specific description of the property and refers to a plat book in which the lot plat is recorded. It also gives the immediate source of title.
Where a deed or mortgage contains a definite description of the property conveyed or mortgaged by referring to an exhibit attached to and made part of the deed or mortgage instrument, such deed or mortgage is not void for uncertainty if from its "exhibit" description the property can be actually located on the ground. Harlow v. Ken-Tex Exploration Co., Inc., 308 Ky. 478, 214 S.W.2d 1010 (1948). Here Exhibit "A" contained what appears on its face to be a description which can be located on the ground. It also contained the immediate source of title. See KRS 382.110(2).
Under the foregoing reasoning and authority, it is our opinion that such an instrument, as relates to the land description, is sufficient for purposes of your recording it. As the court wrote in Letcher County Coal & Improvement Co. v. Marlowe, Ky., 398 S.W.2d 870 (1966) 873, "The fundmental consideration in ascertaining what property is conveyed is the intention of the grantor. " Here the "exhibit" example you sent clearly indicates the grantor's intention as to the specific property being conveyed.
The next question is whether, for purposes of recordability, the deed or mortage must contain the address of the grantee.
KRS 382.335(2) reads:
"(2) No county clerk shall receive or permit the recording of any instrument by which the title to real estate or any interest therein is conveyed, granted, assigned or otherwise disposed of unless such instrument contains the mailing address of the grantee or assignee. This subsection shall not apply to any instrument executed or acknowledged prior to July 1, 1970."
Thus KRS 382.335(2) requires, for purposes of recordability on your part, that a deed or mortgage contain the mailing address of the grantee. We believe the statute contemplates a mailing address ordinarily used by grantee and which is deemed sufficient for mail delivery purposes. See OAG 70-539, copy enclosed. That statutory requirement does not apply to any instrument executed or acknowledged prior to July 1, 1970.