Deed of Easement for County Rd should have limitations

undefinedWhat is the name of your state? KY
We own property on both sides of County road. County has Deed of Easement, which states 'for benefits to be derived from the maintenance of a County Road". This easement involves 30 ft in total (15 ft on each side from center of road). Our property on North side of this road is within the 15 feet. A local realty company owns a parcel of land behind our 15 feet on this side and claims they have a right to construct a driveway, which will make their parcel more saleable (they do have another route to place this driveway, they simply prefer the more direct route through our property). We sent a notarized letter to realty company offering to sell this strip of land to realty company vs providing an easement for a driveway. Their reply via a local attorney stated, "A highway easement to the county creates a grant for public use . . although you own subject property, we and any other member of the public, have the right to use this strip . . since the land lies within an easement, however, its value would be nominal . . any action taken to interfere with the sale of this tract, will result in civil action in the County Circuit Court for slander of title." This makes no sense to us. If you have a property deed and pay taxes on it, how can someone come along and say they have right to construct a driveway through your property??

[Happy Trails]

Originally Posted by kymiskell

undefinedWhat is the name of your state? KY
We own property on both sides of County road. County has Deed of Easement, which states 'for benefits to be derived from the maintenance of a County Road". This easement involves 30 ft in total (15 ft on each side from center of road). Our property on North side of this road is within the 15 feet. A local realty company owns a parcel of land behind our 15 feet on this side and claims they have a right to construct a driveway, which will make their parcel more saleable (they do have another route to place this driveway, they simply prefer the more direct route through our property). We sent a notarized letter to realty company offering to sell this strip of land to realty company vs providing an easement for a driveway. Their reply via a local attorney stated, "A highway easement to the county creates a grant for public use . . although you own subject property, we and any other member of the public, have the right to use this strip . . since the land lies within an easement, however, its value would be nominal . . any action taken to interfere with the sale of this tract, will result in civil action in the County Circuit Court for slander of title." This makes no sense to us. If you have a property deed and pay taxes on it, how can someone come along and say they have right to construct a driveway through your property??

**They are right. You own and pay taxes on the land under the road. But the highway easement is just like they said. Granted for public use. The county owns the road.

[HomeGuru]

I agree with the attorney.

Perhaps my explanation wasn't quite clear. Realtor wants to construct a personal driveway deviating from the county road onto privately owned property . . or should I say corporately owned since it is a realty company. This would not be on top of the county road section, but venturing away from county road, through OUR property that WE OWN and pay taxes on. County does NOT pay these taxes, and the deed of easement states 'for maintenance' of the road. Deed does NOT say that county owns the road. Another way to look at this, would be if your neighbor decided to make a new driveway through your front yard, simply because they wanted to. Isn't this trespassing??? I am looking for legal terms to settle this dispute. Thank you.

[Happy Trails]

Originally Posted by kymiskell

Perhaps my explanation wasn't quite clear. Realtor wants to construct a personal driveway deviating from the county road onto privately owned property . . or should I say corporately owned since it is a realty company. This would not be on top of the county road section, but venturing away from county road, through OUR property that WE OWN and pay taxes on. County does NOT pay these taxes, and the deed of easement states 'for maintenance' of the road. Deed does NOT say that county owns the road. Another way to look at this, would be if your neighbor decided to make a new driveway through your front yard, simply because they wanted to. Isn't this trespassing??? I am looking for legal terms to settle this dispute. Thank you.

**You need to have a real estate attorney review your documents and be certain that there is a trespass. You do realize if the easement was 60' wide but the road built may only be 40'; the other 10' on your side would still be considered part of the easement.

They have an attorney, if you feel they are going across your property, you need to have an attorney on your side. They will be able to advise you.

[HomeGuru]

Originally Posted by kymiskell

Perhaps my explanation wasn't quite clear. Realtor wants to construct a personal driveway deviating from the county road onto privately owned property . . or should I say corporately owned since it is a realty company. This would not be on top of the county road section, but venturing away from county road, through OUR property that WE OWN and pay taxes on. County does NOT pay these taxes, and the deed of easement states 'for maintenance' of the road. Deed does NOT say that county owns the road. Another way to look at this, would be if your neighbor decided to make a new driveway through your front yard, simply because they wanted to. Isn't this trespassing??? I am looking for legal terms to settle this dispute. Thank you.

**A: since the neighbor does not own the property and does not have an easement, you are correct in that it would be. Notwithstanding, we do not have all the details and it is entirely possible that the attorney is correct based on the complete facts.