Legal Question in Real Estate Law in Kentucky

Right Of Way Issue

I own a piece of property that once was part of a parent tract.It is stated in the deed that an old public road once was there. however ther is only a farm road now. My question is that before i purchased the property the back half was deeded over to the son once he finally paid for it. He is saying because he has used that old farm road for years that is his continuous use. please answer this question in my e-mail address. thank you


Asked on 1/16/07, 3:13 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Right Of Way Issue

If the road is mentioned in the deed and if it is currently in place, no matter what it looks like, then Kentucky law requires that you look into the situation. These things cause problems and if the road always ran to this tract, then the "son" may very well have some rights. I would need a lot more information. Consult a local attorney who is familiar with real estate law. He will be able to look at it, and ask questions as to use, etc.

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Answered on 1/16/07, 5:43 pm


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