Stepp v. Webb

PALMORE, Judge.

This case falls within the fundamental scope of Lotze v. Garrene Realty & Devel*39opment Co., Ky.1958, 309 S.W.2d 750. In establishing a subdivision appellant sought to prevent access to it from a private pass-way (which formerly served his lands and other property to the south as a way of necessity to a highway) by leaving a strip some 10 feet wide between the subdivision and the outer boundary of the tract out of which the subdivision was carved. A street laid out on the subdivision plat along the course of that portion of the old road lying within the area of the subdivision…