Legal Question in Real Estate Law in Pennsylvania
denial of access to property
I own a hunting camp which is accessed by a driveway that is on property owned by someone else. My prroperty is landlocked. The driveway was put in by me when I was building my camp, five years ago. My neighbor sold his camp a year ago. The buyers were fully aware of the driveway and had agreed to continue to allow me access when they purchased the camp. Six months ago they erected a fence enclosing their entire property, including my driveway. Six weeks ago they locked the gate on the side facing my camp. I can no longer drive to my property. I cannot get to it unless I walk thru the woods. What is my proper recourse? Can I make them move the fence or at least remove the locks?
1 Answer from Attorneys
Re: denial of access to property
You asked about easements.
Property that is landlocked _always_ has an easement superior to the rights of subservient landowners. In other words, you win.
But they are neighbors and you need to come to an amicable resolution. Talk to them and agree to pay the attorney fee to have an easement recorded for the driveway. Otherwise you would have to sue for quiet title to create either a constructive easement (where you had an agreement and made improvements based on those improvements) or easement of necessity (because your property is landlocked). Either way you are entirely within your right to CUT the lock and drive through the gate without a suit. You can't damage the gate and should close it behind you, but they cannot prevent you from using the access.
As I said, you have an enforceable right to use the drive. Reach an agreement with the neighbor and get a written easement (you can always sue so there should be no fee). The best bet is that they either give you a key or you both agree that they will lock the gate for one day a year and you will not claim adverse possession (both prevent adverse possession).
Now, when am I invited to the camp?
Regards,
Roger