Legal Question in Real Estate Law in Pennsylvania

Re: Right of Access

It sounds to me that you have an easement by prescription. If the road has been in continuous use for over 21 years and there was no permission to use it, I don't know if it matters whether it is on a deed or not. The question is whether or not the use was adverse. Obviously the use was open, notorious, and continuous since it was the only way out of your property. I think the neighbor will have a difficult time showing that it was not adverse as well unless there was some type of agreement concerning the use of the road.

Re: Right of Access

You asked about right of access to an existing private roadway to the nearest public roadway.

You shouldn't have a big problem but probably need to speak with a real property lawyer.

There are a number of means for you to assert a means of egress (and ingress) to a landlocked property. The most common is through various right of way provisions. Your quickest route is to check the respective plat (property map) at the local prothonotary office. There is likely already an easement allowing use of the road. Otherwise there are legal remedies that can establish a right to use the road.

A landlocked property is always able to use a means of egress over another's property where there is NO OTHER choice. E.g. you are not landlocked simply because it is five miles from the home to a road across your own property. You are landlocked if you are closed on all sides by private property with no other access to a roadway.

Hope that helps.