Legal Question in Real Estate Law in Kentucky

Excellent question because I'm stumped. What I do know for sure is that if your neighbor agrees to a fence and you both put it in writing AND THE TWO OF YOU ARE THE TITLE HOLDERS TO THE PROPERTY not tenants or renters, then yes! You should also consider filing the agreement at the county recorder's office where all titles to real property are listed. I strongly recommend typed AND notarized AND two witnesses to EACH signature. It may be at the clerks office at the courthouse or a separate building. It usually depends on how big of a town or city you live in. You could also call the police for reckless driving, speeding, trespassing. but I don't know the police or local attitude for something like that. The BEST option is to talk to neighbor about a gate and it has to be a gate where you both have access. It cannot be a gate where only you know the key code or you can change the code and not tell your neighbor, but I can tell your not a dummy. I'm just saying easements are expensive and complicated and cost money to prosecute and defend. You don't want a lawsuit.

In the end, I am also very certain there are limits on the use of easements--you cannot exceed the scope of their intended purpose. Its' purpose is for them to get to their house. It's purpose is NOT for lets go "muddin" and 4-wheeling. However, if you agreed with neighbor and filed at the county recorder for muddin and 4-wheeling then sure, it is not exceeding scope of easement. Ok, I know I know more than I thought. Nevermind. ;-)