Kentucky Amendment of Easement (Communications System)
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FAQ
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.
(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.
Generally, a width of 30 feet is fairly common.
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.
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
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.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
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.
