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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Driveway Easement Was Never Granted

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


    My problem is that the neighbor of a rental property next to mine shares a common driveway with me. His tenants have blocked the driveway, used my garage, and called the police to claim I blocked him in.

    His property and mine have deeds that state:

    "Being lots 30 and 31...together with the perpetual easement to use jointly with the owner of the adjoining lot 32 that part of the common driveway located upon lot 32 for the joint benefit of lots 31 and 32, and subject to the perpetual right of the owner of adjoining lot 32 to use that part of said common driveway located upon Lot 31."

    Pursuant to a recent survey, I own a good portion of the driveway with only a sliver belonging to the neighbor. Nowhere in the record is there an actual grant of the easement, or a recording of the easement as a document in itself. (For example, my garage is about a foot on the neighbor's property, I have an easement recorded in the deed record on its own page, not as part of the general deed).

    My question is this: If I own the driveway, and there was never an easement granted, and there are no common driveways in the other properties in the subdivision, can I get the easement declared invalid?

    The neighbor is not landlocked, and can park on the street infront of his home.

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Driveway Easement Never Granted

    Are we supposed to guess which lot you own?

  3. #3

    Default Re: Driveway Easement Never Granted

    There is no requirement for the easement to be in a separate grant. The easement is valid.

  4. #4
    Join Date
    May 2008
    Posts
    3

    Default Re: Driveway Easement Never Granted

    Sorry for the confusion, I own lot 32.

    If the grant of the Easement is valid, can I get diminution value of the property for their abuse of the easement? What other remedies do I have?

    Thank you for your assistance.

  5. #5
    Join Date
    May 2008
    Posts
    3

    Default Re: Driveway Easement Never Granted

    Also, although the easement is not in a separate granting document, it does not seem to appear in an original deed. It magically appears in reciprocal deeds some 40 years ago, but there does not seem to be an original deed showing the grant of the servient lot (mine) to the dominant lot (theirs) of the easement--other than the many recorded deeds.

    The original subdivision deed has a variety of covenants and easements in it that relate to the lots in question, but none of them relate to this easement.

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