Is your private property still private?

Local News

ARGILLITE, KY (WOWK) – Most people would assume if they have the right paperwork, their private property is indeed privately owned. However, one family in Greenup County recently found out that their private cemetery road has been reclassified.

After a conversation with one of their neighbors regarding a property line conflicting with the road, Kenny Messer and his family started to investigate. They found on a map, their road is now being classified as a Greenup County Road 1900 (CR-1900).

If you look up the Messer Cemetery on a map, you’ll see Messer Cemetery Road and where it connects to both Claylick Creek and Route 1459 or Lowgap Road. However, there’s one problem.

The county progressed right on through the cemetery and circled around with a 30 foot right of way through the middle of our cemetery.

Kenny Messer, property owner

Instead of showing up to the cemetery one day and finding a road on their property, they found the only change was some new gravel over the original road.

Where the map shows the road passing through the cemetery and onto Claylick Creek is a fenced-in grass area inside the cemetery. The maps also depict the road as being 30 ft. wide, when in reality, the Messer Cemetery Road is a little more than 8 ft. wide.

The depicted 30 ft. road would also be several feet away from the graves which, if added, could affect the entire cemetery.

The family, still in possession of the deed from 1953, has filed a lawsuit for quiet title against the Greenup County Fiscal Court. They say that so far there have been zero documents proving their family submitted a petition signed by the heirs to hand the road over to the county.

We reached out to Greenup County Judge-Executive Bobby Carpenter who denied claims of any project to put a road in the area and that CR-1900 has been a “county road” for “close to 30 years.”

As for the county fiscal court acknowledging the road as private or not, they have until Sunday to give the family an answer. Then, a court date will be set.

The Messer family says this is not a problem they’re facing alone. Candy Messer says they are urging anyone who owns a private cemetery road to find it here and make sure it’s still a private road.

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