Legal Question in Real Estate Law in Kentucky

Right of way usage and maintenance btewwen adjoining properties

My house is on a farm tracted off. The only right of way is the drive way which was agreed in the selling that all owners will share up keep and maintenance responsibilties. A family bought land behind me and moved on it, using the right of way as the entrance. The problem is, I have graveled the right of way last year with no help from them. Instead of helping upkeep the driveway, they continue--name removed--ride four wheelers up and down it, throwing gravel off. I asked them--name removed--re-gravel it, but nothing has been done yet. They continue--name removed--''trash'' the right of way, making it look terrible. Is there any laws on this subject, or can I do anything about this? I asked nicely--name removed--take care of the way but nothing seemed--name removed--help. I would appreciate any help.


Asked on 12/27/04, 4:30 pm

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

Re: Right of way usage and maintenance btewwen adjoining properties

You need to consult with a local attorney. Without knowing how the "farm" was divided or if there are any conditions attached to the division, I cannot give you a good answer. There are a lot of factors that will have to be considered in order to arrive at a real definition of your rights and any remedy available to you. A "face to face" consultation with a knowledgabel real estate attorney is the only way to deal with this.

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Answered on 12/28/04, 7:26 am


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