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  1. #1
    Join Date
    Jun 2020
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    1

    Default How to Stop Someone from Blocking Easement

    My question involves real estate located in the State of: Kentucky

    My family farm wraps around another family members property. There is an old county road which has always been used to cross their property to the back side of ours. When the owner of the property died his grandson moved into his house and is now trying to close what the entire community has considered a "public passway". This road is how we do now and have always gotten to the back side of our property. How can we stop him from closing it off?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,760

    Default Re: How to Stop Someone from Blocking Easement

    Not enough information and far too involved to answer here. You and the others that are affected should consult a real estate attorney. The attorney will see what recorded easements, and other rights might exist and choose a course of action.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,265

    Default Re: How to Stop Someone from Blocking Easement

    Quote Quoting lizzo
    View Post
    My question involves real estate located in the State of: Kentucky

    My family farm wraps around another family members property. There is an old county road which has always been used to cross their property to the back side of ours. When the owner of the property died his grandson moved into his house and is now trying to close what the entire community has considered a "public passway". This road is how we do now and have always gotten to the back side of our property. How can we stop him from closing it off?
    The term "county road" would imply that it is a public roadway. If you are using that term correctly he shouldn't be able to close it. If you are using that term incorrectly, then that is a different story. In any case, I agree with flyingron that you and the other parties affected need to consult a real estate attorney.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,935

    Default Re: How to Stop Someone from Blocking Easement

    Quote Quoting lizzo
    View Post
    My question involves real estate located in the State of: Kentucky

    My family farm wraps around another family members property. There is an old county road which has always been used to cross their property to the back side of ours. When the owner of the property died his grandson moved into his house and is now trying to close what the entire community has considered a "public passway". This road is how we do now and have always gotten to the back side of our property. How can we stop him from closing it off?
    Have you checked your deed to see if there is any mention of an express easement grant to use the road? If there is a grant, the grandson could not close the road or do anything to impede your use of it. Does this road connect at each end to a public roadway? I ask because you say the entire community has considered a "public passway. That would only make sense if it did since I don't see a public interest in the public being able to access the back of your property.

    Let's say that there is no express grant to use the road. However, if in Kentucky, this road was used without permission of the grandfather (or his predecessors) for a period of 15 years, the use is adverse, hostile, or under claim of right; the use has been open and notorious such that the true owner had notice of the claim; the use has been continuous and uninterrupted for a period of at least fifteen years; and there is a substantial identity of the easement claimed throughout the fifteen year period, then you would have a claim for a non-exclusive prescriptive use easement. This easement would have to be ordered by a court based on the facts and the law.

    And if the public also used this road (for 15 years or more) then the public would also be entitled to the prescriptive easement to use the road.

    So how long has this road been used by your family, your family's predecessors, and by the public?

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