Farmer v. Kentucky Utilities Co.
Supreme Court of Kentucky
642 S.W.2d 579 (1982)
Relevant factsFree
Kentucky Utilities Co. (defendant) held a prescriptive easement over Elva Farmer's (plaintiff) land, allowing it to hang electrical wires above the property. In 1980, the utility entered Farmer's land to clear brush, trees, and shrubs growing up under its power lines to prevent interference with them. Farmer sued for trespass, and the trial court held Kentucky Utilities had no right to enter her land at all; the court of appeals reversed, holding the utility could enter to repair and maintain its lines.
IssueFree
Whether the owner of an easement holds a secondary easement permitting entry onto the servient landowner's property to make repairs necessary to maintain the easement.