The Kentucky Court of Appeals has ruled against AP & DP, LLC, in a case concerning access to a landlocked property. The court affirmed a lower court's decision that denied the company an easement across neighboring properties owned by Andy and Kasey Dendinger and R&B Farms, LLC. This ruling highlights the complexities of property rights and easements, particularly when a property is landlocked.
The dispute began when AP & DP, LLC purchased a 32.08-acre tract of land on Taylorsville Lake in Spencer County, Kentucky, in July 2017. The property was sold at auction with a clear understanding that it was landlocked, meaning it had no direct access to public roads or waterways. The company sought to establish an easement by necessity to access the property through the adjacent properties owned by the Dendingers and R&B Farms. The case, filed under docket number 2025-CA-0295, reached the Court of Appeals after the Spencer Circuit Court granted summary judgment in favor of the appellees.
AP & DP, LLC, represented by Douglas W. Peters and Andrew W. Peters, acknowledged the landlocked status of their property at the time of purchase. After failing to negotiate an easement with the Dendingers, the company filed a complaint in March 2024, seeking a declaration of rights for an easement by necessity. R&B Farms and the Dendingers responded with motions to dismiss, arguing that AP & DP, LLC did not meet the legal requirements for such an easement.
The Spencer Circuit Court ruled on February 20, 2025, granting the motions to dismiss and converting them to motions for summary judgment. The court found that AP & DP, LLC could not establish the necessary unity of ownership between the dominant estate (their property) and the servient estates (the properties owned by the Dendingers and R&B Farms). Judge L. Jones stated in the opinion, "Under the current Kentucky case law, a claim for an easement of necessity fails when it cannot establish unity of ownership of the dominant and servient estates."
Furthermore, the court noted that the property owned by the Army Corps of Engineers, which lies between AP & DP, LLC's land and the lake, is also a significant barrier to access. The court emphasized that while public policy favors the beneficial use of land, the legal requirements for establishing an easement by necessity were not met in this case. The ruling stated, "Although Kentucky public policy favors [Appellant] to be able to access and utilize this real estate, the Court is unwilling to deviate from the doctrine of stare decisis under these circumstances."
The impact of this ruling is significant for property owners in Kentucky, particularly those who find themselves in similar situations with landlocked properties. The court's decision reinforces the importance of understanding property rights and the legal requirements for obtaining easements. Without the necessary unity of ownership, property owners may struggle to secure access to their land, even when public policy appears to support their claims.
This ruling does not set a new precedent but rather reaffirms existing Kentucky law regarding easements by necessity. It clarifies that property owners must meet specific legal criteria to obtain such easements, which includes demonstrating unity of ownership between the properties involved.
As for what’s next, AP & DP, LLC has the option to appeal the ruling, but it remains unclear whether they will pursue further legal action. There are no related cases pending that could influence this situation. The decision serves as a reminder for prospective property buyers to thoroughly investigate access rights and property conditions before making a purchase.