My question involves property located in the State of: Kentucky
My father-in-law had ownership of land and an easement that sits behind my property. The easement has been used by us as a driveway and we have 2 storage buildings that sit on part of it. My husbands brother owns the property on the other side of the driveway/easement and also uses it as such. My father-in-law sold the land behind us but retained ownership of the driveway/easement. However, it looks as if the deed included the easement as part of that land but the plat shows it as an easement. My father-in-law intended to leave my husband and his brother ownership of this easement in his will and that is why our storage buildings are on the side of the easement.....we had permission to do so at the time (approx. 20 yrs ago). The buildings in no way block the new owners from entering or leaving their property...they drive directly up the driveway with no obstructions.
The problem now is the property has been sold to another individual (approx. 1 yr ago) who claims he owns the easement/driveway and wants us to move our buildings and pay him for property damage where they sat. He sued us, my father-in-law, and brother-in-law and there was a hearing about a week ago that none of us were aware of....our lawyer gave us an excuse that he couldn't find our number to let us know about it. It appeared that the judge made a motion that the guy had an "ok to the title but question as to easements of D's remains open." Needless to say we feel as if our lawyer hasn't done a thing on our behalf and we can't seem to get him to talk to us as he says he is busy in court. We have been left hanging and don't know what to do. This easement/driveway was NEVER intended to be included in the adjoining property and had been in our family for over 200 years. I would greatly appreciated ANY help that anyone can give.