Allen v. Thomas

OPINION

HENRY, Judge.

Ken and Dolores Allen appeal from a judgment of the Hopkins Circuit Court granting appellee William Thomas and the general public a prescriptive easement over their property. Upon review, we reverse and remand with directions to enter a judgment for the Allens.

On May 14, 1999, the Allens purchased from Thornton and Mary Cullen 112 acres of land located on the waters of Clear Creek at Kentucky Highway 293 in Hopkins County, Kentucky. On this property is a partially-graveled dirt roadway extending from Highway 293 to the waters of Clear Creek. This roadway begins at the…