Legal Question in Real Estate Law in Pennsylvania

Right to Access Parking Lot

We are considering buying a commercial building which has its own parking lot but it is only accessible through a driveway owned by a neighbor. There is no other way to access it. The current owner currently pays the owner of the driveway $200 a month to access his own parking lot ( the agreement is personal between them). The owner of the building told us that if he had never started paying for use of the driveway, he would have had the right to use it anyway because it is the only access to his property but he did not know this at that time. If we purchase the property do we have the right to use the driveway with out paying for it? The driveway owner has said that he is not going to let us use it whether we pay or not (he also wants to buy the property we are interested in)?


Asked on 2/07/02, 5:16 pm

1 Answer from Attorneys
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Right to Access Parking Lot

Good question and the answer is you probably do not have a right of way. You need to record an easement and have the written agreement between the parties notarized and recorded in the county records office. Without an official easement you can have serious litigation on your hands. I strongly recommend you seek counsel before proceeding with this purchase.

Brandon Barnett, Esq.

412-916-1677

www.youresquire.net

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Answered on 2/12/02, 11:47 pm


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