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Updated about 8 years ago on . Most recent reply presented by

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Joshua Hardy
  • Rental Property Investor
  • Bowling Green, KY
24
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I own an exclusive easement to my property, can I stop the owner?

Joshua Hardy
  • Rental Property Investor
  • Bowling Green, KY
Posted

I own an exclusive easement to get to my property (which is an island, or an enclave since it's not surrounded by water) this easement is the driveway from the highway to my land.  It goes through about 350 feet long, and the width to allow one way traffic (and a concrete truck has been through), so maybe 10-12 feet wide.

I have read about California and how they had a similar case come up. Now my easement actually has these words:  

That for and in consideration of the sum of ONE DOLLAR ($1.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby bargain, sell, and convey unto the Grantee, his heirs or assigns, an exclusive right of way easement over the lands of the Grantors and specifically over the driveway of the Grantors for the purpose of ingress and egress, which property is the same conveyed to ....

I embolden the exclusive right of way portion, because that portion is what I'm curious about.  Does that word 'exclusive' apply in the normal way, does it mean that I can exclude the land owner from using the driveway?  

I'm sure I'll need to hire a real estate attorney if this does end up in a legal battle, but before I go through the expense I wanted to touch base with you all first.  Perhaps there are some Kentucky attorneys who can shed a little bit of light on the idea of an exclusive right of way.  

Thank you all in advance.

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JD Martin
  • Rock Star Extraordinaire
  • Northeast, TN
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JD Martin
  • Rock Star Extraordinaire
  • Northeast, TN
ModeratorReplied

 Two things:

1. What would lead you to believe that the definition of exclusive in California is the same thing as in Kentucky?

2. Since you already know that you have exclusive right to that property, why are you wasting our time here? Are you a troll? Why would you come in here, ask everyone what they thought of your situation, and then tell everyone that doesn't agree with your definition that they are wrong?

If you wanted to have control over his property, you should have bought it. I've had neighbors like you; I'm sure he regrets giving you access to anything. If your utilities ran on my easement based on what you have posted, I'd grab a shovel, break them in half and tell you don't dare touch my property except to drive on it.

Personally, I'm rooting for your neighbor. I hope you sue him and he eats your lunch, and I hope he countersues for legal fees😁

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Skyline Properties

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