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.