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(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law.
The easement width shall be a minimum of ten (10) feet.
Prescriptive Easements - An easement by prescription may be established by a showing of unobstructed, open, peaceable, and continuous use under claim of right for a period of at least fifteen years. Express Easements - Under Kentucky law, an express easement is created by written agreement of the parties.
Easements By Necessity Unity of ownership between the dominant estate and the servient estate; Severance of the unity of title by a conveyance of either the dominant or servient estate; and. Strict necessity of the use of the servient estate to provide access to the dominant estate.
Depending on the circumstances and how the easement was created, it is generally the responsibility of the dominant tenement to maintain the easement site in the same way they would manage the rest of the attached land. There is generally no obligation for the servient tenement to maintain the right of carriageway.
Generally, it is the duty of the dominant estate to maintain and repair the easement.
Utility Easements The most common type of easement, a utility easement allows a utility company to run its pipes, lines, etc., under or on other people's property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.