Farmer v. Kentucky Utilities Co.

For the following reasons I must respectfully dissent from the majority opinion of this court.

The majority purports to restrict its holding to enunciation of the principle that an easement by prescription is accompanied by such rights (i.e. secondary easements) as are necessary for enjoyment of the primary easement, while remanding to the Harlan Circuit Court the issue of whether entry onto the servient estate, and the removal of trees and shrubs, was necessary for the use of the primary easement. However, the majority appears to answer the second issue as well.

The majority opinion states as…