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Prescriptive Easement Requirements The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner's permission. If the owner has given permission to use the land, the possession is not adverse.

For example, as long as an ingress and egress easement does not state that the easement holder has unobstructed access or an ?open way,? the owner of the servient estate may put in fences and gates over the easement area.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

An easement is the right to use the real property of another for a specific purpose; such as, drainage, utility facilities, construction, or maintenance.

A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

Prescriptive. Easements - An easement by prescription may be established by a showing of unobstructed, open, peaceable, and continuous use under claim of right for a period of at least fifteen years. Express Easements - Under Kentucky law, an express easement is created by written agreement of the parties.

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.

An easement is a right to access or use land or property belonging to someone else in a particular way. For example, the general public might have a right to cross a field on a defined footpath. Or the owner of a neighbouring house might have a right to access a drain that runs under both houses.

Louisville Kentucky Crossover Access Easement

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