Again, the lease to the tenant was executed in 1962 and remained in place, through extension options, until 2008. During that time the premises was entirely controlled by the tenant. Then unknown to anyone, in 1970 the railroad sold the ROW to the tenant and conveyed a fee simple deed w/ covenant of special warranty, creating another lot. Our 1918 description states that our property is bounded by the RR, now it's bounded by another lot. The RR conveyed more of an interest in the land than they owned. The tenant then leased the entire property to a subtenant in 1977. With the property locked up under a lease, there was no possibility to determine what had happed, until the lease expired and the tenants vacated. Only then did they erect a fence separating the ROW portion of the land. The subtenant still occupies the ROW section to this day. I've been advised differently by two local attorneys. One says our action would be with the tenant for ejection and quiet title. And the other advises litigation with the railroad. The 1874 condemnation order has been examined by two knowledgeable attorneys who specialize in RR matters and they both came to the same conclusion. The railroad had only an easement and not fee ownership. Unfortunatly, neither practices in KY. Additionally, the RR maintained a 16' x 164' easement into the ROW in the new deed to our tenant, however the track has long been removed. I really appreciate the responses from my post. Any further coments or suggestions would be very welcome. Thanks again.
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Could the 46 year lease be considered a suitable circumstance? Thanks again.

