Uploaded May 2026 | Updated September 2026, 2 weeks ago
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Farmer v. Kentucky Utilities Co. | 642 S.W.2d 579 (1982)
Can an easement holder cut down trees on a servient estate even if the servient estate owner doesn't want the trees to be cut down? We'll get the answer to this question in Farmer versus Kentucky Utilities Company.
Elva Farmer owned a small tract of land in Kentucky. Kentucky Utilities Company had a prescriptive easement to run transmission lines over farmers' property. Because Kentucky Utilities had an easement over farmers' land, farmers' land was the servient estate.
In nineteen eighty, Kentucky Utilities determined that the trees and shrubs under its transmission lines on farmers' land needed to be cleared. Kentucky Utilities entered farmers' land and allowed a tree removal company to cut down trees and remove other vegetation that was directly under the transmission lines as well as near the lines. Farmer filed suit against Kentucky Utilities for trespass and sought damages. The trial court found that Kentucky Utilities had a prescriptive easement to run the lines over farmers' property.
However, the court found that Kentucky Utilities didn't have a right to enter onto farmers' land to clear trees and vegetation. Kentucky Utilities appealed. The Court of Appeals found that Kentucky Utilities' easement included the right to enter Farmers' property to conduct maintenance and repairs, including tree removal. Farmers appealed to the Kentucky Supreme Court.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Farmer v. Kentucky Utilities Co. | 642 S.W.2d 579 (1982)
Can an easement holder cut down trees on a servient estate even if the servient estate owner doesn't want the trees to be cut down? We'll get the answer to this question in Farmer versus Kentucky Utilities Company.
Elva Farmer owned a small tract of land in Kentucky. Kentucky Utilities Company had a prescriptive easement to run transmission lines over farmers' property. Because Kentucky Utilities had an easement over farmers' land, farmers' land was the servient estate.
In nineteen eighty, Kentucky Utilities determined that the trees and shrubs under its transmission lines on farmers' land needed to be cleared. Kentucky Utilities entered farmers' land and allowed a tree removal company to cut down trees and remove other vegetation that was directly under the transmission lines as well as near the lines. Farmer filed suit against Kentucky Utilities for trespass and sought damages. The trial court found that Kentucky Utilities had a prescriptive easement to run the lines over farmers' property.
However, the court found that Kentucky Utilities didn't have a right to enter onto farmers' land to clear trees and vegetation. Kentucky Utilities appealed. The Court of Appeals found that Kentucky Utilities' easement included the right to enter Farmers' property to conduct maintenance and repairs, including tree removal. Farmers appealed to the Kentucky Supreme Court.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/farmer-v-kentucky-utilities-co
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/farmer-v-kentucky-utilities-co
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