Gorge Journal · Land & Title
Schedule B of a title commitment is the part of the document that decides what you are actually buying, and on Red River Gorge land it is rarely short. Schedule A tells you the property and the policy amount. Schedule B tells you everything the title company will not insure — and on raw Eastern Kentucky acreage that list routinely includes severed minerals, roads that cross someone else’s ground, and instruments recorded decades before the current owner was on title. An exception is not a warning label. It is a hole in your coverage.
What is Schedule B of a title commitment?
Schedule B is the section listing requirements you must satisfy before closing and the exceptions the title policy will not cover. Anything listed there stays your problem after closing.
It usually arrives in two parts. Part I is the requirements — the things that must happen for the policy to issue, such as a deed being executed and recorded, a payoff being made, or an estate matter being resolved. Part II is the exceptions, and that is the half that follows you home. Every easement, mineral reservation, right-of-way, lease and restrictive covenant listed in Part II is expressly carved out of your coverage. If one of them later prevents you from building where you planned, the policy does not respond, because the policy told you about it in advance and declined to insure it.
Most explanations of this stop right there, at the definition. That is not the useful part. The useful part is knowing which exceptions show up on Gorge land specifically, and what each one does to a cabin plan.
Why does Schedule B matter more on Gorge land than on a subdivision lot?
Because platted subdivision lots have short, modern chains of title. Gorge acreage often carries a century of severances, leases and hand-drawn access arrangements that were never cleaned up.
Eastern Kentucky’s land records reflect the region’s history. Mineral estates were severed from surface estates generations ago and never rejoined. Timber was sold separately. Gas and oil leases were signed, recorded, and in some cases never formally released even after production stopped. Roads were established by use and habit across ridges and hollows long before anyone drew a plat. None of that is unusual here, and none of it is a defect in the ordinary sense — it is simply the recorded history of the parcel, and Schedule B is where it surfaces.
A buyer coming from a suburban closing is used to a Schedule B with four generic exceptions on it. A buyer closing on twelve wooded acres in Wolfe or Lee County may see a dozen specific ones, each referencing a deed book and page. The length is not a red flag by itself. Ignoring it is.
I covered the mineral and timber side of this in more depth in the piece on mineral and timber rights on Red River Gorge land, and the access side in the page on access roads and easements in the Gorge.
What shows up on Schedule B for Red River Gorge land?
Six categories account for most of it. Each one has a different consequence, and only some of them are worth walking away over.
| Exception you may see | What it actually means | What to do about it |
|---|---|---|
| Reservation of coal, oil, gas and other minerals | Someone else owns what is under you, and may hold surface rights to reach it | Pull the referenced deed and read the surface-use language, not just the reservation |
| Oil or gas lease of record | A lease may still encumber the tract even if nothing has been produced for years | Ask whether a release was ever recorded; an unreleased lease is still an exception |
| Right-of-way or roadway easement | A third party has a recorded right to cross the land | Locate it on the ground against your intended cabin site and driveway |
| Rights of others in a shared or unnamed access road | Your access may depend on an arrangement that is not exclusive | Establish in writing who maintains it and who may use it |
| Utility easements | Lines and poles have a corridor you cannot build in | Get the width, not just the existence |
| Matters a survey would disclose | The company is excepting boundary and encroachment issues entirely | Order a survey — this exception is the reason surveys exist |
An exception is not a disclosure the title company is making to be helpful. It is the precise boundary of what they are willing to stand behind.
How do you check a Schedule B exception in Kentucky?
You read the underlying instrument. Every exception cites a deed book and page, and those records sit in the county clerk’s office of the county where the land is located.
Kentucky’s recording rules are what make this workable. Under KRS 382.110, instruments required to be recorded in order to be effectual against purchasers without notice, or against creditors, are to be recorded in the county clerk’s office of the county in which the property — or the greater part of it — is located. That is why a Gorge parcel straddling a county line deserves an extra question, and why “the county clerk’s office” is a specific place rather than a general idea. The same statute contains a detail most buyers have never heard of: a clerk may not admit a deed conveying an interest equal to or greater than a life estate unless the deed plainly specifies the immediate source from which the grantor derived title. Kentucky deeds are supposed to tell you where the grantor’s title came from — which gives you a thread to pull.
The recording provisions are published by the Commonwealth in the Kentucky Revised Statutes, Chapter 382 (Conveyances), where KRS 382.110 sets out the place of recording and the source-of-title requirement. Verified on the Legislative Research Commission’s site on August 27, 2026.
One Gorge-specific wrinkle deserves its own sentence: a great deal of land here adjoins federal ground. If your tract borders the Daniel Boone National Forest, the boundary itself, and any access that crosses federal land, is not something a title policy resolves for you.
Ownership and boundary information for the surrounding federal land is published by the U.S. Forest Service for the Daniel Boone National Forest, verified on August 27, 2026. If your access route touches forest land, that is a Forest Service question before it is a title question.
A note from working land deals
In my experience the buyers who get hurt on Schedule B are not the ones who never read it. They are the ones who read it, saw a list of book-and-page citations, decided it looked standard, and moved on. The exceptions on raw land are not boilerplate — the boilerplate ones are usually at the top, and the specific ones that matter are buried in the middle with a deed reference and no explanation. My habit is simple and unglamorous: for every exception with a book and page number, get the actual instrument and read it before the inspection period closes. On a Gorge tract that is often an afternoon of work. It is the cheapest afternoon in the entire transaction, and it is the one that occasionally changes the answer.
If you are earlier in the process than a title commitment, the groundwork is laid out on our guide to buying land in the Red River Gorge.
Can exceptions be removed from Schedule B before closing?
Sometimes. Some exceptions are removed once a requirement in Part I is satisfied, and some standard exceptions can be addressed when a current survey or an affidavit is provided. Others — a recorded mineral reservation, for example — are simply facts about the parcel and will not come off. Ask your closing attorney or title company which category each exception falls into, in writing, rather than assuming the list is fixed or assuming it is negotiable.
Does a long Schedule B mean I should walk away from a Gorge property?
Not by itself. Length reflects the recorded history of the tract, and older rural acreage simply has more history than a modern subdivision lot. What matters is whether any single exception conflicts with what you intend to do — build in a particular spot, run a driveway on a particular line, or rely on a particular access route. A short Schedule B with one bad easement is worse than a long one with none.
Who orders the title commitment, and when should I read Schedule B?
The commitment is typically ordered once the property is under contract, through the closing attorney or title company handling the transaction. Read Schedule B the day it arrives, not the week of closing. The instruments it references take time to pull and read, and any question you want answered needs to happen inside your inspection or due-diligence period while you still have the ability to act on the answer.
Last updated: August 27, 2026
This article is general information about reading a title commitment, not legal advice. Title questions on a specific parcel belong with a Kentucky closing attorney or title company.
By Marcos Gil, REALTOR® — Keller Williams Commonwealth · KY Real Estate License No. 296259 · Call or text (859) 310-1209.
