An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Kentucky Easement for Access to Property: In Kentucky, an easement for access to property grants an individual or entity the legal right to use a specific portion of another person's property to access a particular location, such as a neighboring property, a public road, or a utility line. This servitude allows for passage to and from the landlocked property that does not have direct access to a public road. There are several types of easements for access to property recognized in Kentucky: 1. Appurtenant Easement: An appurtenant easement is attached to the ownership of a specific property and benefits the landowner by providing access to their property through a neighboring parcel. 2. Easement by Necessity: This type of easement is created when a landlocked property owner has no other means of accessing their property except by crossing another property. It is granted by the courts when it is deemed necessary and requires showing that the landlocked owner was once part of a larger parcel and was subsequently severed from it. 3. Easement by Prescription: An easement by prescription is obtained through continuous and uninterrupted use of another person's property without permission for a specific period (typically 15 years in Kentucky). If someone has consistently and openly used a portion of another person's property for access without objection, they may acquire an easement by prescription. 4. Easement by Agreement: This type of easement is voluntarily created when both parties enter into a written agreement allowing access to the landlocked property. It is essential to have clear terms and conditions outlined in the agreement to avoid future disputes. 5. Public Easement: Public easements are established for public use, such as roads, paths, or trails. These easements are typically created by governmental entities and allow public access through private property to reach specific areas, like parks or recreational sites. Kentucky's laws regarding easements for access to property are governed by state statutes, court decisions, and the specific terms of the easement agreement. Landowners and property developers should consult legal professionals to ensure compliance with the relevant regulations, establish clear terms for access, and protect their property rights.
