In Kentucky, an easement is a legal right that allows someone to use another person’s property for a specific purpose. Common reasons for easements include providing access to landlocked properties or installing utility lines. Easements can be created through a deed, long-term use or when access to a property is necessary, but unavailable, through any other means.
Appurtenant Easements
Appurtenant Easements are tied to the land itself. They benefit the property owner. A typical example is a driveway easement that grants access to a landlocked parcel.
Easements in Gross
Easements in Gross benefit a person or organization, rather than a specific piece of land. Utility easements, which allow companies to run power lines across private property are the most common types of easements in this category.
Prescriptive Easements
Prescriptive Easements arise when someone has used another’s land openly and continuously for a long time. Typically, a long time is 15 years in Kentucky, but it must be without the owner’s explicit permission to qualify.
Easements by Necessity
Easements by Necessity are granted when a property is completely surrounded by other lands, leaving that parcel of land inaccessible, also known as landlocked. The court may grant an easement so the landlocked owner can reach their property.
Initiate open communication
When it becomes apparent that you will need an easement from your neighbor, the first step is to talk with them. Start by having a conversation with your neighbor. Clearly explain why you need the easement and how it could benefit both properties. Honest, transparent communication is key to avoiding misunderstandings and disputes.
Negotiate the terms
Be prepared to negotiate. This could involve offering compensation, agreeing on specific terms or discussing how the easement area will be maintained. Flexibility in your approach can lead to a mutually satisfactory agreement.
Draft a formal agreement
Once you reach an understanding, put everything in writing. A formal easement agreement should detail the purpose of the easement, its exact location and who is responsible for maintenance. This document protects both parties and clarifies the terms of the arrangement.
Record the easement
To ensure that the easement is legally binding and enforceable, it must be recorded with the county clerk. This step formalizes the easement and ensures it is recognized under Kentucky law.
What to do if negotiations fail
If you and your neighbor cannot agree on the terms of the easement, you may need to seek legal action. Understanding Kentucky’s easement laws and previous cases can help clarify your rights and options. You can file a lawsuit to obtain an easement by necessity or prescription. The court will examine factors, such as the necessity of the easement and how the land has been used historically.