Majestic Oaks Homeowners Association, Inc. v. Majestic Oaks Farms, Inc.

RENDERED: SEPTEMBER 28-, 2017 TO BE PUBLISHED ~uprimre· Qfourf nf 1i~RU\(J /k [L 2016-SC-00213-DG [Q)~lf~1oh<ih, r<,~atJ~.bc. MAJESTIC OAKS HOMEOWNERS APPELLANT ASSOCIATION, INC. ON REVIEW FROM COURT OF APPEALS v. CASE NO. 2014-CA-000492 SHE:{JBY CIRCUIT COl!RT NO. 2009-CI-00873 MAJESTIC OAKS FARMS, INC., JOSEPH APPELLEES O'BRIEN. AND ASHLYN O'BRIEN OPINION OF THE COURT BY CHIEF JUSTICE MINTON REVERSING AND REMANDING Kentucky law confirms the possibility of a defeasible easement, although the term itself appears in no reported case describing this· type of easement, which is an easement…