Sheila T. Kircheimer and Thomas Kircheimer v. Regina S. Carrier and Carl Wayne Carrier

Summary

The Kentucky Supreme Court held that Sandy Beach Lane was a private roadway reserved for the use and benefit of Sandy Beach Subdivision lot owners, despite the plat's failure to expressly label it private. The court found that the developers' reservation of a one-foot strip, the maintenance provisions, and related evidence demonstrated an objective intent inconsistent with public dedication. The court also held that the easement could not be enlarged by authorizing owners in neighboring subdivisions to construct driveways or culverts accessing the road, and it reinstated the circuit court's judgment.