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lwpat
lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25387
Experience:  Practicing attorney with expertise in easements
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What is the Kentucky law governing access to landlocked property---especially

Resolved Question:

What is the Kentucky law governing access to landlocked property---especially after 13 years of unencumbered access?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  lwpat replied 7 years ago.
I assume that there is a right of way to the property in question and that you have been using that right of way for at least the last thirteen years. As such you now have a claim for an easement by prescription and possibly an easement by necessity. You need to have your attorney write the new owner a letter as to your right to continued use of the right of way. If he does not comply your attorney will need to file a petiton in court and have a judge make a determination.
Customer: replied 7 years ago.
Would that petition need to be filed in District or Circuit Court, and I assume said petition falls under the Rules of Civil Procedure?
Expert:  lwpat replied 7 years ago.
You would file in circuit court and the Rules always apply. Here is a recent court case. The time for a prescriptive easement in KY is 15 years.

http://caselaw.findlaw.com/data2/kentuckystatecases/app/2007-ca-000267.pdf


Ac accept for my time is always appreciated.

Edited by lwpat on 4/13/2010 at 1:32 AM EST
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