Kentucky Property Right-of-Way Laws | Access Rights, and Landowner Obligations
Understanding right-of-way (ROW) laws in Kentucky is crucial for property owners. This article explores key aspects of ROWs, including ownership, maintenance responsibilities, and potential conflicts. Whether you’re a new homeowner or a long-time Kentucky resident, knowing your rights and obligations regarding property easements can save you time, money, and legal headaches.
This guide is intended for Kentucky property owners who want to understand their rights and responsibilities regarding property right-of-ways.
Table of Contents
What is a Right-of-Way?
A right-of-way is a legal right granted to a person or entity to use a specific portion of another’s property for a designated purpose. In Kentucky Property Right-of-Way Laws commonly include:
– Public utilities (electricity, water, sewer)
– Transportation (roads, sidewalks)
– Drainage systems
It’s important to note that a right-of-way differs from outright ownership. While an easement grants usage rights, the property owner typically retains ownership of the land beneath the ROW.
Ownership and Responsibility
Who Owns the Land Under a Right-of-Way?
In most cases, the property owner retains ownership of the land beneath the ROW. This means that while you may have a utility easement running through your yard, you still own that portion of your property. However, your use of that area may be restricted by the terms of the easement.
Maintenance Responsibilities
Responsibilities for maintaining the ROW are typically split between the property owner and the entity with the easement. For example:
– Property owners may be responsible for basic upkeep like mowing grass
– Utility companies usually handle maintenance of their equipment and infrastructure
Specific duties can vary, so it’s crucial to review your property deed and consult Kentucky statutes (such as 20 KAR 18:150) for detailed information.
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Common Right-of-Way Issues
Encroachment
Property owners should avoid building structures or planting trees that may obstruct the ROW. Encroachment can lead to legal disputes and may require removal of the offending structures or vegetation at the owner’s expense.
Access and Use
The entity with the easement has the right to access and use the ROW for its designated purpose. However, they must stay within the defined boundaries and purpose of the easement. Exceeding these limitations could be considered trespassing.
Resolving Disputes
If you find yourself in a disagreement over a right-of-way on your property, consider these steps:
1. Consult Your Property Deed:
Property deeds often contain detailed information about existing ROWs.
2. Contact Relevant Authorities:
Reach out to the entity with the easement or appropriate government agencies for clarification.
3. Seek Legal Advice:
For complex disputes, consulting with a Kentucky real estate attorney may be necessary.
Conclusion
Understanding Kentucky’s right-of-way laws empowers property owners to protect their interests and avoid conflicts. By familiarizing yourself with ownership, maintenance responsibilities, and common issues, you can ensure a smoother experience regarding easements on your property.
Remember, while this guide provides a general overview, each situation can have unique aspects. Consulting with a legal professional for specific situations is always recommended to fully protect your property rights in Kentucky.
FAQs
Q: Can I deny access to my property for right-of-way maintenance?
A: Generally, no. The entity with the easement has the right to access the ROW for maintenance within reasonable limits. However, you can inquire about scheduling access to minimize disruption to your daily life.
Q: Who is responsible for mowing the grass in a right-of-way?
A: This depends on the specific easement agreement and local regulations. In some cases, the property owner may be responsible for mowing, while in others, the entity with the easement may handle it. Check your property deed or contact local authorities for clarification.
Q: Can I build a fence around the right-of-way on my property?
A: Building permanent structures on the ROW is generally not recommended. However, some low-profile fencing might be permissible depending on the easement and local ordinances. It’s always best to consult relevant authorities before installing any structures near the ROW.
Q: How do I find out if there’s a right-of-way on my property?
A: Check your property deed, which should list any existing easements. You can also contact your local county recorder’s office or hire a professional land surveyor to assess your property.
Q: Can a right-of-way be removed or altered?
A: While it’s possible to modify or terminate a right-of-way, it’s often a complex legal process. Both the property owner and the entity holding the easement typically need to agree to any changes. Consult a Kentucky real estate attorney for guidance on this process.
By understanding these key aspects of Kentucky property right-of-way laws, you’ll be better equipped to navigate easement issues and protect your property rights.
About the Author
Sarah Klein, JD, is a former civil litigation attorney with over a decade of experience in contract disputes, small claims, and neighbor conflicts. At All About Lawyer, she writes clear, practical guides to help people understand their civil legal rights and confidently handle everyday legal issues.
Read more about Sarah
I have a ROW connected to my driveway with my neighbor directly behind me. We never knew that a portion of our driveway wasn’t exclusively ours, until a few years ago.
My parents, both deceased now, purchased this house/property in Mar 1983. My Father put up wood sawhorses he made to block the driveway (early 1984) due to numerous vehicles, not owned or related to the neighbor, speeding through throwing gravel & breaking the kitchen windows on several occasions. The neighbor who “shares” the ROW was a Construction business, at that time. This business faces a 5 lane state highway, and didn’t/doesn’t need the access since long before my parents purchased this property. In 2001 my parents had a 2 car carport built across their driveway “permanently” blocking through access to the ROW. Before that, in the late 1980’s, the neighbor had “blocked off” his portion using his large heavy construction equipment, making the ROW completely impassable! In the late 1990’s he stopped using the building for his business, and eventually in 2008 approximately, he began leasing the building to various business’. I moved in here in Sept. 2006, when my Father died suddenly, and my Mother changed the Deed to her & my names exclusively. Her will also states I inherit the house/property exclusively upon her death. (Both documents were done by attorney’s locally in 2010)
In 2024 I was able to put $50,000. Of my money into this very old house for repairs, and then decided to renovate approximately 80%-90% of the whole house in hopes of selling and purchasing my Mother a much newer house closer to my son and his family, in a neighboring county. We had lots of interest, until potential buyers became aware of the shared ROW. We hired an attorney to request the neighbor to quit claim deed his half of the shared ROW, but he didn’t respond. Our attorney sent a 2nd letter of request, much more strongly worded, several months later. The neighbor had a “friend” of his that is an attorney, not real estate specifically, to call our attorney with threats and sarcasm, while demanding a LOT of money for his half. The neighbor has never contributed to the maintenance of the ROW in 43 years! My parents have spent tens of thousands on maintenance and upkeep since the ROW was mostly dirt with very little gravel upon purchase in 1983, lots of tall trees on the ROW, an old wire fence embedded in the tree line, and so much brush and debris. 8-12 trees had to be removed after falling, and blocking “our end” of the drive/ROW, after summer and winter storms. So many trees hit and damaged by drivers coming off the very busy road adjacent to the drive. The gravel replacement, by the TONS, tree cutting, upkeep, etc over now 43 years is/was significant and visibly known to the neighbor, but he never offered any contribution in any form, including never contacting us about closing off access. Now he wants substantial payment for his half. We lost our potential buyers, and now my Mother died Dec 2025. I’m struggling to find an attorney within 50-60 miles who will represent me to file for Adverse Possession, so I can have exclusive legal right of all of MY driveway. OR…file for him to reimburse me for 43 years of maintenance and upkeep. He hasn’t kept his own property behind me and my nextdoor neighbor for over 30 years. His 40’-50’ trees haven’t been trimmed and now are snapping and breaking and causing financial hardship on us because his trees fall on our property. Summer 2025 several big limbs from HIS trees fell onto my Nextdoor neighbors yard and snapped our electrical lines. We were without power 3 days while my 87 year old Mother was on continuous oxygen, as was the 91 year old nextdoor neighbor as well. It took several weeks of rolling brown outs and rolling blackouts to get the power company to get tree trimmers to get the huge limbs off the electrical lines. The huge limbs were then left on my nextdoor neighbor’s property for them to deal with! Those rolling brown outs cost me an HVAC unit, and a few brand new large appliances! Currently, Jan. 2026, I have multiple large limbs, from the neighbor behind me, that is the shared ROW, laying across my metal carport and on over 1/3 of my detached garage! Just about 4’-5’ from the edge of my HOUSE. The removal of the tree, once the ice and snow melts, will cost me over $1,000. A new roof for my garage is approximately $3,500. My Mother just died and I only get $1,400. A month in disability. I used all my back pay to repair and renovate this old house in hopes of selling and moving in 2025. This neighbor who “shares” the ROW is a well known former business owner, former project manager for HDR Engineering, and currently owns over 25 rental properties in this county. I expect he owns more in neighboring counties.
I have dated photos of our drive being blocked off all the way back to the late 1980’s. Do I have a case for “Adverse Possession?” I can’t pay him off, and I can’t pay for an attorney, so I’m wondering if I will be able to file a suit on my own.
If you’ve read this far, and have absolutely any USEFUL information that will be HELPFUL to me, please reply or email: [email protected]
Thanks in advance!