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Updated about 8 years ago, 12/27/2016

User Stats

66
Posts
24
Votes
Joshua Hardy
  • Rental Property Investor
  • Bowling Green, KY
24
Votes |
66
Posts

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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