We own a house/property in Kentucky. The property next door, which was once part of our property and was split off by the previous owners, has no access other than the driveway on our property. There is no easement or right-of way written into the deeds of either property. We had trespassing issues with the owner, and were told by a local attorney that we had to grant him right-of-way because of the "history of use" (He owned his property before we bought ours). There was not a written right-of-way agreement with the owner.
Now, the adjacent property has been foreclosed on, and the property will be auctioned off. We do not want to have the same issues with new owners or renters. Unfortunately, we can not afford to purchase the property ourselves. Can we file an easement or right-of way that specifies where the property can be accessed from our driveway?