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

OPINION OF THE COURT BY

CHIEF JUSTICE MINTON

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 capable of termination upon the occurrence of a specified event or contingency. In this case, Majestic Oaks Homeowners Association (HOA) contends the defeasible easement principle applies to the easement for ingress and egress retained by its subdivision’s developer, Majestic Oaks Farms (Developer), to terminate it when a majority of HOA members voted to do so, as allowed by the…