Easement/Right of Way Question

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

  1. KYBOY

    KYBOY 12 pointer

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    Floyd,co..Kentucky
    you cant landlock a property owner. Ive personally saw three different cases where someone tried and not one was able to keep someone out of thier property. only one even went to court and it lasted all of 5 minutes before the judge said "You cant landlock him, case dismissed"It was a large coal company and they still couldnt make it stick.. One was the exact same situation as you. I had rights to hunt a property and another land owner said i could travel the access road,, The property owner called the court house and in short order had a key to the gate and gave me a copy
     
  2. predator1

    predator1 12 pointer

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    Glasgow,Ky
    My first stop will be the clerks office to look over old deeds before going to the expense of a lawyer. Just trying to go the quickest and cheapest route to get this resolved. I’m sure it’s nothing more than an attempt to squeeze us out because my buddy wouldn’t lease or sale his land.
     
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  3. ancienthunter

    ancienthunter 8 pointer

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    Over the Hill
    1st it depends on how the property was landlocked because under certain circumstances it can be done, for instance in the construction on interstate or parkway. In these circumstances if a property can’t be provided an access the state either purchases the property or pays 90% of the value and lets the owner keep the property. Since it sounds like the owner doesn’t have a deeded easement he may have to get an attorney but should have a good case if they have been using road for 40 years based on the law of adverse use but the owner definitely needs to do some research at the courthouse and also get reliable witnesses that will testify the road has been used for access for more than 15 years. It also depends on how persistent and how wealthy or connected the new owners of the other property are, knew of a similar issue that the attorney said he could win but it may costs more than the property was worth. Just my two cents for what it is worth.
     
  4. bigbonner

    bigbonner 12 pointer

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    Check with your county road maps and check older maps pre 911
    You can search KY Transportation maps . there is new maps and if you search you can find older road maps. These will include County road maps.
    Advice . Make sure that you say you have used that road and never asked anyone for permission to use it . Landowners can give permission and they can revoke it at anytime.
    Maps/Resources | KYTC
    This map , Pick your county and scroll in on the roads you are wanting to see. When most county roads was entered into the 911 system they were given a road name and a number .
    Local Roads (ky.gov)
     
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  5. 00noturkey

    00noturkey 12 pointer

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    High Grove
    this thread actually helps me out. a gate across a part of the land blocks any access to a part of the land.. it aint that big, but, big enough, all access has been blocked. i dont think it will be much longer. ;)
     
  6. timer

    timer 10 pointer

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    La Grange
    I don't mean to hijack the thread, but I have an interesting situation - kinda in reverse. I have some property that joins the Corps. of Engineers land around Lake Cumberland. The eastern boundary of the property is a deep draw (holler) and there is a small tract of land (somewhere around 10 acres) on the other side of the draw.

    The guy who owns the ten acre tract is seeking access and while it would be a pain, I know the law and I'd give him access across my land without a fight. His problem is that it would cost him a ton of money - $250,000 at the very least - to build a road across the holler - and I'm not even sure it can be done. There is a way to get to the property by going around the head of the holler, but it is a half-mile route and there is a small lot with a cabin in the way.

    The guy bought the property at a Master Commissioner's Sale sight unseen without knowing about the draw. He wants to subdivide the property for lake lots.

    I know the law says that property owners have the right to get to their property. But in this situation, I don't see a remedy. The guy should have never bought the property sight unseen and even if he gets access across my property, the cost of building a road across the holler is prohibitive. The other way in is blocked by a cabin and any road is gonna have to be right next to it and it is going to take the driveway and half the lot the cabin is sitting on. I really can't see a judge making this property owner give him a right of way.

    I'm thinking this could be a situation where a landowner would be denied access by road to his property. I'm thinking that his only option is to try to buy the cabin....
     
  7. Bee

    Bee 10 pointer

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    Mar 14, 2005
    Hire a lawyer. Easements can be really tricky for many of the reasons set forth by other posters. The facts and thus the legality on any easement question are hard to ascertain until you have examined the complete history of the land, and the use of it prior to the easement being used or granted, as well as the use after the easement was first used and its use until today.
     
    Last edited: Nov 29, 2020
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  8. carnivore

    carnivore 12 pointer

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    Ky
    Would you ( or could you) buy that land to give him another out? Might make more sense than paying a lawyer to hash it out. Im assuming and hoping the land might somehow be useful to you above and beyond avoiding litigation.
     
    Last edited: Nov 29, 2020
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  9. xbokilla

    xbokilla 12 pointer

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    These, these are the people I’m talking about that are buying land these days! They probably don’t even have a good reason for trying to deny the easement.
     
    Last edited: Nov 29, 2020
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  10. barney

    barney 12 pointer

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    I know of a couple cases of landlocked property remaining so even after the courts.
     
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  11. Bee

    Bee 10 pointer

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    Mar 14, 2005
    deleted..just a commentary on the fact that easement fights are not pleasant in most instances
     
  12. timer

    timer 10 pointer

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    La Grange
    I've offered to pay him what he paid for the property - he is asking significantly more. The land really isn't worth anything to me other than to protect the woods/view from my property.
     
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  13. carnivore

    carnivore 12 pointer

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    Ky
    I was hoping for your sake a man might want to hang a couple of deer stands in that area, and the wife would be happy to settle a land dispute. Win win. If he wont sell for what he bought it for i might have to insist he takes the more difficult route to provide access for his development dreams. Good luck!
     
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  14. riverboss

    riverboss 12 pointer

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    northern ky
    He either breaks even or he's going to take a bit! Give him a few months and he will be begging you to buy him out.
     
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  15. KYote-Krusher

    KYote-Krusher 12 pointer

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    Jan 12, 2006
    South Central Kentucky
    I'm pretty sure you can't even SELL a piece of property in Kentucky anymore if it's landlocked but ... I'm not a lawyer.

    Although .... I did watch a lot of Perry Mason shows with Barbara Hale as Della Street ... hubba hubba!! :p
     
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