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Right of way

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K

kthibode

Junior Member
What is the name of your state? KY

I bought a 30 acre farm in Aug of last year there is a doublewide trailer next door to my farm. The driveway to the double wide id thru the center of the front of my farm. The land that the double wide is on has 300+ feet of road frontage next to my road frontage. There is not deeded right of way or easement. Can I gate off the driveway to prevent people from passing through this driveway. The property is currently bank owned so I don't have to worry about upsetting neighbors.
 


R

rsimplicio

Junior Member
kthibode said:
What is the name of your state? KY

I bought a 30 acre farm in Aug of last year there is a doublewide trailer next door to my farm. The driveway to the double wide id thru the center of the front of my farm. The land that the double wide is on has 300+ feet of road frontage next to my road frontage. There is not deeded right of way or easement. Can I gate off the driveway to prevent people from passing through this driveway. The property is currently bank owned so I don't have to worry about upsetting neighbors.
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From what I understand, if there is no known prescriptive easement/right-of-way, you can try it. I would mark the drive as a private drive, and posted no trespassing. Check your title insurance policy and make sure there isn't a description of an easement or right-of-way in it that excludes them from liability. Remember, that they could still get a prescriptive easement from a court depending on how long the previous use is. By you stopping the access, you are helping to prevent "Adverse possesion" claims to that part of your property.
 
K

kthibode

Junior Member
I talked to the title company and they said that there is no easement. I am wondering what else I can do. I posted a no traspassing sign beside the dirveway months ago. All I have to do is post a private drive sign and that will take care of the easement issue?
 
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