Kentucky Release of Right of Way / Easement to Surface Owner
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How to fill out Release Of Right Of Way / Easement To Surface Owner?
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FAQ
(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 PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land.
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
Section 177.106 - Definition - Highway encroachment prohibited without permit - Removal - Civil fines imposed and collected - Permissible use of fines (1) As used in this section, "encroachment" means any improvement to land including but not limited to buildings, fences, ditches, embankments, driveways, or signs, or ...
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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
