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I live in. I have an easement across my property that was…

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I live in KY....
I live in KY. I have an easement across my property that was used to access a property behind me. The parcel was also connected to a larger neighboring parcel that allowed access to the smaller lot with the easement right. The smaller and larger lots were owned by the same person. Recently both parcels were sold and surveyed. The smaller addressed parcel was absorbed by the larger parcel with a new address. The new owners also put up a blocking fence on the combined properties, thus stopping usage of the easement. My question. Since the smaller addressed property no longer exist, is the easement right voided? It is my understanding that the new fence implies intent to abandon the easement.
Submitted: 2 years ago.Category: Real Estate Law
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2/15/2016
Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,823
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Hello, and welcome. I am a licensed attorney and happy to assist.

Do you happen to know if the easement was created by deed, or necessity?

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Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

If the easement was created by necessity, meaning that the two original parcel owners had no other way of ingress and egress to their property, or if one other property owner was previously in that position, then their was initially an easement by necessity, irrespective of whether the easement was recorded. If that's the case, but the necessity no longer exists after the merger, the necessity has been eliminatred and the easement is automatically extinguished.

If the easement was created by deed, meaning the right is actually mentioned in the recorded deed, then installation of the fence that makes it unusable is indeed evidence of abandonment. If your neighbor acknowledges this abandonment, great. If not, you may want to consider filing an action for declaratory relief deeming the easement abandoned and void. That would an put an end to potential issues before they start.

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Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

Is there anything else I can do for you tonight? I'm here to help.

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Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

I hope this helps. If you need additional information or clarification, just let me know and I will be happy to continue providing assistance. If I have addressed your issue or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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