Legal Question in Real Estate Law in Kentucky

I own two pieces of property in Kentucky. Both pieces of property join each other, but are behind a family members (sister) property that will not allow me to pass trough. One piece of property was bought at public auction about 20-25 years ago, and I accessed the property through my fathers land with no problem for many years. Prior to me owning the property it belonged to ancestors who used the same access to the property for probably over 100 years. However, when my father died the piece of property in front went to my sister and she will not allow me access to my property. My other piece of property was left to me by my father in his will, and was originally part of one large farm with my sisters property. Neither piece of my property has a written easement.

The last time I tried to access my property was probably about 6-7 years ago. At that time the local Sheriff's department was called and I was told not to come back unless it went through court. I had never previously been told I could not access my property through my sisters property and the sheriff's department showed up on my way back out after I had been up to my property. I don't know what the problem was? My sister and I to say the least are no longer on speaking terms and I can not acquire an easement from her. There is no other way to access the property.

I tried to take this through court back when I was told not to come back. I went to 7 or 8 lawyers and most wanted an outrageous amount of money $20k - $40k, so I could not afford to pursue this in court. I had one lawyer quote me a little less, but admitted he would probably loose the case. Another took the case, but then dropped it because of local / small town politics. I would like to be able to use the property, rent it out, or sell it for somewhere near what is worth. The two pieces of property together are probably about 50 acres. What are my legal options? I simply can not afford the kind of money the lawyers I have spoken to have quoted me.. Could I force my sister to pay legal fees?


Asked on 8/08/11, 3:54 pm

2 Answer from Attorneys
Andrea Welker Welker Law Office

It sounds to me as though you've already gotten many legal opinions from attorneys who do not believe you would be successful in going to court over this. (And no, there would not be a basis for recovery of attorneys fees.) I'm assuming there must be more to this story.

Without reviewing the property records and doing a full consult I could not give you my opinion on the matter, but I would imagine that when nearly a dozen attorneys agree you have a bad case and it would take tens of thousands of dollars to litigate, that's probably your answer. It might be better to offer sale of the land to your sister, or offer, if you were to sell to a third party, to purchase an easement for the land from her.

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Answered on 8/09/11, 3:42 pm


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