Kentucky Easement or Right of Way for Access to Property refers to a legal right that allows individuals or entities to access a property, even if they do not own it. This right is granted to ensure that owners of landlocked parcels have a means of accessing their property or when other circumstances hinder direct access. Easements or rights of way are typically established through agreements with neighboring property owners or by court order. In Kentucky, several types of easements or rights of way exist, each serving specific purposes and conditions. Some of the most common types include: 1. Private Easements: Private easements are established through written agreements between neighboring property owners. These agreements outline the specific rights and restrictions associated with the use of the easement. Private easements can grant access to a property through a portion of another person's land, such as a shared driveway, road, or pathway. 2. Prescriptive Easements: Prescriptive easements in Kentucky are acquired through open, notorious, continuous, and adverse use of another person's property without permission for a specific period, typically 15 years. If a person can prove that they have used a portion of someone else's land openly and exclusively for a significant period of time, they may be granted a prescriptive easement. 3. Easements by Necessity: Easements by necessity are granted to provide access to a landlocked property when there is no other reasonable alternative. They are typically established when a property has been severed from a larger piece of land and cannot be accessed without crossing another person's property. 4. Utility Easements: Utility easements are established to grant authorized utility companies the right to access properties for installing, maintaining, and operating utility services such as electricity, water, gas, or telecommunications. These easements ensure that service providers can access their infrastructure without interfering with property owner rights. 5. Public Easements: Public easements, also known as public rights of way, are established when the public has a legitimate need to access a specific area or property. These easements are usually created for public roads, pathways, or public infrastructure projects. They are often vested in public entities, such as local municipalities or government agencies. It is important to note that easements and rights of way in Kentucky can be subject to certain limitations, restrictions, and termination conditions. These conditions are typically outlined within legal agreements and must be adhered to by the parties involved.
Kentucky Easement or Right of Way for Access to Property
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An easement for utilities, at least ten feet wide, shall be required along each side of a rear or side property line, or 20 feet wide across lots, wherever necessary to form a continuous right-of-way, at least 20 feet in width.
An easement is a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. They are typically granted by will, by deed or by a contract. An easement is created by the legal document which is expressed either by grant or deed.
Kentucky law allows people who trespass or encroach on the property of another for a minimum period of time to develop an ownership claim to the property.
A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
(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.