Kentucky Non-Exclusive Roadway Right of Way
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How to fill out Non-Exclusive Roadway Right Of Way?
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FAQ
The most common form of right of way easement is a road. KYTC Right of way in its truest sense is the land that a highway occupies. It consists of the land owned by the operating agency or land that the operating agency has a right to use for roadway purposes.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
(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.
Depending on the highway, state right-of-way extends from 15 to 30 feet from the edge of the pavement. The fence line along nearby fields provides an indication to the location of property lines. In the case of most 4-Lane highways, right-of-way extends to the fence line, and includes the roadway side of fences.
(2) All county roads and all public roads that are being adopted into a county road system after July 13, 2004, shall occupy a minimum right-of-way width of thirty (30) feet, fifteen (15) feet in each direction as measured from the centerline of the road, unless the fiscal court finds that a thirty (30) foot minimum ...
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.
