Kentucky court rejects bid to use neighbour's driveway after land split
In a Kentucky court case, Charlie E. Stearns and Kathy Stearns faced a setback in their property dispute against neighbors John and Betty Warinner. The Stearnses asserted that their long-term use of a pathway should grant them an implied easement. However, the jury found alternative access routes viable, leading to the dismissal of their claim, a verdict affirmed by the appeals court, confirming…
A Kentucky appeals court has dismissed a claim by a couple who sought to use a neighbor's driveway after their adjoining properties were sold separately. The dispute centered on two parcels that once belonged to the same family, with a larger 37-acre property purchased in the 1950s and a smaller 3/4-acre tract acquired about 20 years later.
The Stearnses, upon purchasing the larger tract, claimed they were entitled to use a pathway on the smaller parcel to access parts of their land. However, the Warinners, who owned the smaller property, disagreed and erected barriers to prevent access. After years of litigation in 2022, the Kentucky Court of Appeals upheld a jury's decision that the Stearnses had no legal right to use the route.
The court determined that the Stearnses did not possess a legal easement to cross the Warinners' property, as there were other accessible routes available.
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