Easement Dispute Resolution Tips

Summary

If you face an easement dispute in Kentucky, consider mediation, hiring a surveyor, or contacting local authorities. Legal action may be necessary if the dispute persists. Consult a local real estate attorney for specific advice.

Full Conversation

I live with an 84 year old woman that bought this place 30 years ago with her husband and they bought it without a septic system, was told it was "grandfathered in" but the neighbor put a fence up across her driveway but there's an easement granting permission use of the driveway and he refuses to take the fence down! And he's always threatening to call the health department on her! What can we do without taking him to court?
Hello ****,
*. Try mediation: This is a form of dispute resolution where a neutral third party helps you reach an agreement.
*. Use a surveyor: They can help determine the exact boundary lines and easement rights.
*. Contact local authorities: They can enforce ordinances and easement rights.
Can you let me know where you're located?
We live in Brooksville, Ky. And we've gotten ahold of the sheriff and they tell us that we have to take him to court!
Hello ****,
In Kentucky, if the dispute persists, legal action may be necessary. Here are some options:
*. File a lawsuit for Easement Encroachment.
*. Seek a Temporary Restraining Order.
*. File a complaint with the Department of Health regarding the septic system.
Remember, it's best to consult with a local attorney for specific advice.
You're NOT understanding what I'm saying! There's no septic system on the 84 year old woman's property bcuz that's how they bought it!
I understand now, ****. To clarify, the lack of a septic system may be a legal non-conforming use. In Kentucky:
- Legal non-conforming use can be "grandfathered".
- You can maintain evidence of this use.
Do consult a local attorney for specific advice.
Well that's just not helpful at all!!
I'm sorry to hear that, ****. In cases like this, it's essential to consult a local real estate attorney who can guide you based on the specific laws in Kentucky. Unfortunately, legal problems can often be complex and require professional intervention.