Legal Question in Real Estate Law in Kentucky
Advert land law
How does the advert land law effect multiple land owners adjacent to an old abandon county road. One land owner has on his deed the road in question is his private drive. My deed being the most current does not indicate the road in question to be a private drive. Because it has been abandon since 1983 give ownership to any land owner, and if so, who must have right-of-way for access to property from road. The County has not been helpful. One lawyer has evaded in giving direct answers. Any assistance will be greatly appreciated.
1 Answer from Attorneys
Re: Advert land law
First let me say I am not an attorney who practices in your jurisdiction. I assume you are refering to adverse possession. To claim adverse possession one must have continious claim to ownership for over 21 years. This is a complex situation and needs detailed proof. That is why probably the attorney seemed evasive. Your question is not clear as to what use was made of the land and what act of ownership was done over the period of time required. Suggest you consult another attorney to insure your rights are protected. Prior owner use of the land can be included in the 21 year period.
Gerald Hershenson
Law Office of Gerald M. Hershenson
506 Corporate Drive West
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