Legal Question in Real Estate Law in Pennsylvania
I am the dominant possessor of an easement that runs through my neighbors land (driveway to my residence). Per contract "Use of this easement shall be exclusive" and "This easement shall be used and maintained as a private right away". I have all duties to maintain. My concern is the property owner is now using the easement for casual travel and now even for daily construction work (dump truck traffic, workers, etc.). I think I can sue for damage to the easement but can I prevent them from using the easement altogether?
1 Answer from Attorneys
Consult a local real estate lawyer, bringing with you the deed or other document that created the easement. It's impossible to answer your question without reviewing the document[s] in question and other documents of record. Also, you're really asking for legal advice, which isn't suited to a web-site such as this.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.