Legal Question in Real Estate Law in Pennsylvania

i purchased a property in Northeast PA. 2 1/5 years ago in which my driveway is a 40' by 400' piece of my land connecting the rest of my property to the main road. there are 2 neighbors backing on to my driveway. one of them has a easement and the other does not. can I stop the other from using my driveway even if he has used in before my purchase of the land?

also are they responsible for maintenance and upkeep?


Asked on 11/24/11, 5:16 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Potentially you could stop the owner without the easement from using your driveway. One question would be other than using your drive way can he get to a public highway if he can't then he could force you to give him an easement. So even if you keep him from using your driveway you now have a neighbor who will not like you. Not to mention a substantial legal bill.

Whether the neighbors help pay for the upkeep is a red herring. After all if they don't use your driveway maintenance would be on you.

I would contact the user without an easement and offer to sell him one. At least so that you're not out anything for him getting one.

While you're out talking to the neighbors see if they'll help with the maintenance. The worse that could happen is they'll say no. Then again they might pitch in you'll never know until you ask.

{John}

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Answered on 11/25/11, 7:19 am


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