Sawyers v. Beller
2012 Ky. LEXIS 134
| Ky. | 2012Background
- Sawyers and Bellers are adjacent landowners in Allen County, Kentucky with a historic right-of-way known as the Fishback Roadway/Passway across the Bellers’ land.
- The right-of-way was granted in 1881 to service the Fishback Farm and described as a 16-foot road along a fence line.
- The Fishback road was historically graveled and maintained to allow cattle trucks to access the Fishback Farm; later, a gate was placed by successors to restrict public access.
- Sawyers’ predecessor received a key to the gate; after the Bellers acquired the property, they refused to provide a key, despite the Sawyers’ need for access for farm equipment during inclement weather.
- The circuit court prohibited paving or material changes to the road and allowed a limited, personal-use scope, while the Court of Appeals affirmed, prompting Supreme Court review.
- The Supreme Court held that the express easement exists with no reservations, entitling Sawyers to the full 16-foot road of unrestricted use, and reversed the restriction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an express road easement is limited by use restrictions | Sawyers argue the easement is express and unrestricted in use. | Bellers contend the use must be reasonable and limited to historic or personal use. | Express easement unrestricted; restrictions improper |
| Whether the trial court could prohibit paving or altering the road | Sawyers urge they may maintain and improve the road as needed for passable use. | Bellers argued maintenance should not extend to substantial changes. | Trial court erred in prohibiting paving/alteration |
| Scope of use: whether gate maintenance by servient estate is appropriate | Sawyers rely on right to free and unfettered use of the 16-foot passway. | Bellers may maintain gate control consistent with servient estate protections. | Gate maintenance restriction improper; no 12-foot gate allowed |
Key Cases Cited
- Cameron v. Barton, 272 S.W.2d 40 (Ky. 1954) (unrestricted express easement not limited to historical use)
- Sandman v. Highland, 226 S.W.2d 766 (Ky. 1950) (dominant estate's use must be as free and unrestricted as practicable)
- Garner v. Commonwealth, Dept. of Fish & Wildlife Res., 896 S.W.2d 10 (Ky. 1995) (easement rights cannot be unreasonably interfered with)
- Scott v. Long Valley Farm Kentucky, Inc., 804 S.W.2d 15 (Ky.App.1991) (easement confers right to enter servient land; limitations must be reasonable)