Legal Question in Real Estate Law in Kentucky

Should I have to move my driveway?

I purchased 5 acres from someone who split up a 20 acre farm into 3 tracts in 2001. The first 10 acre tract is in the front with the other two 5 acre tracts in back. I have an easement through the first 10 acre tract to my property. When putting in the driveway the seller verbally advised I could put the driveway where the land was flat which made the driveway cross over the other 5 acre tract by about 60 feet. At the time the seller still owned the 5 acres. Two years ago she deeded her daughter the other 5 acres and now that I am putting my home on the market, the daughter says I have to move the driveway. This would make it very difficult to access my property as the driveway would have to be moved to a hilly location. Since the driveway has been intact for almost 5 years with no action taken to move it by anyone, do I legally still have to move it?


Asked on 10/28/05, 12:10 pm

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

Re: Should I have to move my driveway?

Two things work in your favor: (1) the original owner did not say anything, and (2) the new owner (the daughter) purchased the property with the drive on it. I am assuming that the easement through the front 10 acres is in writing somewhere. That all being said, things against you are that you knew that you were placing your drive on property across which you had no right other than a verbal statement which may or may not be affirmed by the original owner. This could be an expensive proposition. First, approach the original owner and see how she feels and if she "remembers" saying what she did. The question here is will she tell her daughter. You may find yourself in a situation where although you may not be required to move the drive, you may have to pay the daughter for its use. How much are you willing to spend? Speak to the original owner first then see where that takes you. Anyway, any agreement reached should be reduced to writing by an attorney so that future problems can be avoided. If it cannot be worked out, see an attorney. Don't make it worse, you do not have a lot of room to push here.

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Answered on 10/28/05, 5:18 pm


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