Kentucky hydrocarbon build a pipe over my property in 1957 without buying right a way from previous owners?

the company is saying the right a way they have gives them the right to do whatever they want on fifty feet through my property. Since the person they brought it from never own this land is their right a way legal and can I stop them from digging up whatever they want to.
this company has detailed right aways through all the surrounding properties, but the right away for my property was brought from a man that did not own it, never did, his son owned it. They have showed me an easement signed by this person and they paid him for it, but his was not his to sell.

3 Responses to “Kentucky hydrocarbon build a pipe over my property in 1957 without buying right a way from previous owners?”

  1. Healthnut Says:

    They are obviously seeing how far they can get with you. You don’t have to give them a right of way if they didn’t have one in the first place. Contact a good "land" attorney immediately, you should win this one, but unfortunately it’s going to cost you.

  2. lothar6680 Says:

    They may be saying that an easement gives them the right to do whatever they want, not a right of way. Most municipalities allow public utility companies to have easements that run through private property. While the property technically belongs to you, they do have the right to do within reason whatever they need to do to that particular portion of property to continue to provide service. If that means digging it up, then it gets dug up. You’ve probably seen this with telephone poles. If they need to come out and dig up a pole, even if it’s in your front yard, they have the right to do so.

    When you bought your property, you should have received a survey listing the easements. If not, you need to get a survey done to know whether there’s an easement or not. If you don’t want to pay for a survey, a quick way is to check with any neighbor who also has the pipeline running through their property and see if they have a survey you can take a peek at. If it’s an easement on their property, it likely is on yours as well.

  3. Surveyor Extraordinaire :-) Says:

    You can fight it, but it will be very expensive, and after 50 years have passed, I think you have very little chance of winning. The utility probably has established prescriptive rights to use the area. Judges tend to rule in favor of utilities since they represent "the public good".