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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 5665
Experience:  Over 30 years of experience
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A county road in Kentucky has just been taken off the

Customer Question

a county road in Kentucky has just been taken off the counties books as a county road..the road runs between my property and his and he has put up T posts on what he thinks is his half of the road blocking me from using the road...according to the county lawyer he has the right to do this...but also says he can do this and anything else he wants to do and I don't have the right to protest...how can I take ownership of the road since it has now become un deeded property???
JA: What steps has he taken so far? Has he prepared or filed any paperwork?
Customer: no none at all...just blocking of the road..
JA: Has he talked to a KY lawyer about this?
Customer: im not sure..his daughter is a lawyer so im not sure..
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to be able to use this just under 1400 feet of roadway so I can enter my property..it was taken off the county books because it has not been maintained for over 35 years other then what I have done to make it useable..
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You very likely have an easement (if not ownership or co-ownership of the road if you have been using it for 35 years.

You need to initiate an action to Quiet Title and lay your legal claim to the use of the road.

Quiet title actions are fairly complicated so it is not recommended that you do it yourself. You want to at least consult with a private Real Estate Attorney. Most will consult with you at little or no cost to assess your situation.

See this link to help find an attorney:

http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/kentucky

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Expert:  Gerald-Esquire replied 1 year ago.

To be clear, you very likely have either an Easement by Prescription or an Easement by Necessity.

If you need to use the road to access your property then you likely have an easement by necessity. If you have been using the road openly for at least 15 years, and the county had stopped maintaining it, while you continued to use it you liekly has an easement by prescription.

Your neighbor is probably trying to jump the claim that you may have to take ownership of the road completely. So you do not want to delay in moving forward with your claim.

Kind regards,

Gerald

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