Legal Question in Real Estate Law in Pennsylvania
Building over Easement
We own an easement to construct a driveway through the neighbor's property. He is proposing to build a driveway across this easement. The drive is on very steep slopes and would required many cuts and retaining walls. This design would prohibit our use of the easement should we chose to in the future.
Thank you.
Asked on 12/28/00, 6:03 pm
1 Answer from Attorneys
Murray Eckell
Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane
Re: Building over Easement
It is difficult to answer without a plot plan showing the easement. I will assume the easement is recorded and your neighbor's property is subject to your easement. If both the assumptions are true, the general rule is that no one may prevent you from the use of your easement.
Answered on 1/03/01, 9:17 am