Legal Question in Real Estate Law in Pennsylvania
right of access
for over 90 years my family has had access to our property through another property owned by a neighbor. recently, we have had our property logged.the neighbor denied exit of the cut timber down this road.resulting in the neighbor taking the logging co.and us to court.the judge ruled in our favor allowing the logging co. to remove the logs. there is nothing on our deed about right of access.the property had originally belonged to my deceased husbands father and in those times everyone got along not like today.the road has been there before our neighbor aquired this land.the judge said in court he could not rule on an easement because,in his words thats not what we are here for.there is no other access to our property.the lawyer for the logging co.said we dont need an easement because of this case. the neighbor has threatned to gate the road. can he do this? can i file for an easement on my own? i am in my late 70s and cant afford a lawyer,what do i do? help!
2 Answers from Attorneys
Re: right of access
You have a "prescriptive easement", and easement implied by law by permissive use over time. To make it official, you must file a "quiet title" lawsuit against your neighbor. Once you have the official easement, he cannot block it. If he does, you could get an injunction from the court and have law enforcement make sure he does not gate the way.
Re: right of access
You asked about a neighbor who is trying to obstruct a valid easement.
The logging company is somewhat right. But the neighbor can throw a wrench in the works by installing a gate. Depending on the specific facts you may end up having to hire an attorney. But on the good side an decent attorney can find a means to have the neighbor pay the costs of the suit including attorney fees.
From the facts, an action to quiet title would be the appropriate means to end the fight and should not be expensive unless the neighbor has extensive resources. Whether or not an easement is on the records does not mean that an easement does not exist. The quiet title action will be helpful to your heirs.
Regards,
Roger
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
