Easement/Right of Way Question

Discussion in 'Community Forum' started by predator1, Nov 28, 2020.

  1. predator1

    predator1 12 pointer

    Dec 25, 2008
    Needing some help in going the right direction. Farm I hunt is landlocked. Neighboring property recently sold and the new owners say they aren’t going to allow access anymore, not even to the landowner. The current road being used for access has been used for at least 40 years. Best way to proceed?
  2. javman

    javman Fawn

    Nov 6, 2006
    New owners dont have a say in that, talk to an attorney that deals were ith real estate law.
  3. Feedman

    Feedman Cyber-Hunter

    May 28, 2003
    In the basement
    That easement has already been established because of the 40 years of travel. You will have to get a lawyer
    FOWLER2671 likes this.
  4. carnivore

    carnivore 12 pointer

    Nov 17, 2007
    They move from out of state? My property is landlocked as well. But my easement is on file with the county pva ( i also had a copy, and gave them a copy the day they moved in) the previous owners failed to disclose that (amongst other things). There might be something on file on you property with the county and its worth a look.
    Last edited: Nov 28, 2020
    Gforcetrivers and bearleft like this.
  5. mac0492

    mac0492 8 pointer

    Oct 15, 2013
    Get a lawyer. You should have an easement by prescription. May need a surveyor and will definitely have to get some affidavits done as to the existence of the road, but you should be good after all is said and done. It’s a shame it will cost you though
    Regulator623 likes this.
  6. beauhunter41031

    beauhunter41031 12 pointer

    Jan 1, 2018
    Cynthiana, Ky
    So have you spoken with these folks face-to-face about this and is the land owner of the property you hunt aware that these new folks have this mindset. That’s not really a decision they can make that’s why it’s called easement.

    I really don’t think this is even a lawyer necessary deal. The landowner of landlocked property needs to have a talk with these new property owners and it’s just a matter of having the sheriff come out to explain it f they make a a fuss Hell doesn’t take two minutes to google easement they had to be smart enough to figure out the rules
    rcb216, KYBOY, CRFmxracer and 2 others like this.
  7. bearleft

    bearleft 6 pointer

    Mar 16, 2014
    La Grange KY
    P1, "new owners say they aren’t going to allow access anymore" Idle threats, A copy of the deed by certified mail and there's nothing they can do about it.
    I'd have a camera going so If they harass you you'll have proof if needed.
    KYBOY likes this.
  8. CRFmxracer

    CRFmxracer 12 pointer

    Sep 9, 2010
    louisville kentucky
    I’d laugh at them to their face. I don’t envy you having asshole neighbors though.
    KYBOY and 00noturkey like this.
  9. 1wildcatfan

    1wildcatfan 12 pointer

    Jan 2, 2009
    raised n Bullitt Co.
    Is it your property in question for access or someone you hunt on? If not yours, you have no dog in the fight. Be between the landowners.
    Also, easement and ROW are two different things.
    Owner needs to contact a lawyer that deals in real estate.
    Last edited: Nov 28, 2020
    timer likes this.
  10. 00noturkey

    00noturkey 12 pointer

    Oct 31, 2011
    High Grove
    Grandfathered in, should count for something, least it's an old boys court so to speak.
    how much ya willing to pay, for the rights you have?
  11. bowhunter269

    bowhunter269 12 pointer

    Nov 21, 2006
    Fisherville, KY
    I'm guessing the easement isn't "deeded".....which as someone mentioned, means landowner will need to get prescription easement (which will be deeded).

    OLE RASPY 12 pointer

    Sep 9, 2018
    Barren county
    We going thru this as well. Or my dad is. I got his back. Butler county. Been goin same road for 23 years. But we shall see. It’s really out of my hands cause my dad says he’s gonna handle it.
  13. predator1

    predator1 12 pointer

    Dec 25, 2008
    The previous land owner always said it was a right of way. The roadway shows on both Google maps, and on OnX with a double line from the state highway to our hunting property. Lots of old roads beds leading in and out of all the surrounding properties which leads me to believe not only is this road we’ve been using a right of way. But possibly part of the old county road system.
  14. riverboss

    riverboss 12 pointer

    Jan 26, 2009
    northern ky
    Neighbor had the same problem about 10 yrs ago and went to court, judge said who ever maintains it and uses it has the rights it's a old county road they used for 40 yrs to get to there back fields.
  15. Ataulbe1

    Ataulbe1 12 pointer

    Oct 27, 2017
    Estill County
    Will never hold up if it ever gets to that point. I've hunted at least 3 properties that the landowner had to maintain a road and access for a private cemetery on their land. Much less an owned property.

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