Supreme Court of Kentucky
532 S.W.2d 763 (Ky. 1976)
The Holbrooks (defendants) owned a road and granted permission to a nearby mine to use it. After the mine closed, the Holbrooks built a tenant house on their property and granted the tenants permission to use the road. Eventually the Taylors bought a tract of land next to the road and built a house on the land. The Holbrooks granted the Taylors permission to use the road for the machinery, material, and other activities necessary for the construction of the house and general improvements to the land. After the house was built, and by permission of Mr. Holbrook, the Taylors widened the road, put in a culvert, and covered the road in gravel at significant cost. Soon after, a dispute arose between the Holbrooks and the Taylors regarding use of the road. When they could not resolve the dispute, the Holbrooks built a steel cable across the road to prevent the Taylors from using it. The Taylors instituted this action to remove the cable and for a declaratory judgment that they have the right to use the road.
Rule of Law
Holding and Reasoning (Sternberg, J.)
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