Legal Question in Real Estate Law in Kentucky

righ of way to property

My father & mother whom are now deceased. Owned 5-acres and house and barn on this property fo 50 years or more the neighbors across the road never would give them a right of way to the highway they walked across a creek for 50 years on a small what they called a foot log narrow wooden bridge.Had to leave their vichicle parked on the highway. Now that my parents have passed away the childen can not sell the property because there isn't any road or access to the property. What righs do we have by law? And what action can be taken. This is in the state of Kentucky.

Thank you


Asked on 9/22/02, 2:18 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: righ of way to property

You need to contact counsel where the property is located to examine the title and see where the problem is. There was one old statute that provided for a right of way in order to go to school or vote. If the property was purchased in this shape then there is little that you can do. If the problem came about after your parents acquired the property through no fault of their own, there may be a recourse. An examination of the property records at the county courthouse by a competent attorney will anwser a lot of questions. I also note, that they were able to walk out. How did they get the right to do this? Just because you cannot get a vehicle to it is not wrong under the law.

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Answered on 9/22/02, 6:01 pm


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