Purchasing Property from Owner Who Wants to Change Easement

[tallmike64]

My question involves real estate located in the State of: Kentucky
I am in the process of purchasing around 2 acres from an acquantance of mine who currently owns 14+ acres that is deaded on three separate deads. The property I am buying is only a peice of one those deeds he has. We walked the property and then had a survey company come out and do the actural survey. The entry to the property has and existing gravel driveway that passes through and was an original easment on his property. As we are still in the initial stages, but a deposit has been made more detailed information is coming to light as to his intentions with that easment. I will attempt to properly explain. the easment is 40 ft in width coming from the paved road through his property to where mine is to begin. We did not get the impression when originally discussed or agreed the the 40ft easment would contain fencing and gates! To my understanding today he plans to fence to the far side of the easment which would mean that the gravel drive that we use to get to our property is insisde a cow pasture (that is what he intended use of fencing for). This will then have an entry gate at the road and then an entry gate at the begenning of my property.

Is this a right? Since he is the one conveying the easment, can he do this at anytime with the 40ft? It is a fairly long driveway. Does he have the right to fence it in and of sort land lock us and make us have to enter through gates to get to the property, when that is not the way it was when we sighned contracts on the property? Or is the easment rights conveyed so that neithher can gate or lock out the other at any time?

THis is not saying that he intends to lock anything, but whos to say he doesnt decide to lock it because of livestock and for whatever reason, key is lock or whatever. The fact is this is and inconvenience not originally expressed when the agreement was made. I drive a motorcycle and have a business and can not forsee wanting to enter the property on a bike and have to stop and open the gate multiple times to get onto my property. Lastly in the original agreement, it was written that I would be responsible for the maintenance of the road easment, how can this be if livestock is to be fenced in through the easment and trample and gather at gates.

I just cant imagine that this is how an easment works. Please inlighten me or send me to the appropriate place to look at precidence on this issue. Thank you, M

[landagent]

It sounds like your friend just needs your money. I would look somewhere else. What does you contract say? Tell him either to back off, plan to move the fence back to allow clear access or deals off. This might be an omen of whats to come with this guy.

[LandSurveyor]

If he owns both parcels now, the easement across one to the other is expired under the principle of merger if that is the only parcel it accesses.

In that case, a new easement will have to be created at the time the parcel is sold.