Legal Question in Real Estate Law in Pennsylvania

Easement of Vacant Property

It has recently come to my attention that the owner of a vacant field wants to sell (or maybe has sold) the field. This field has been used by the children of the neighborhood to play ball in, etc for quite a number of years with no resistance from the owner. It has been at least the past 7 years (we started looking at the house we are living in 7 years ago and children were using the field then.). Now they want to construct a 10,000 sq. ft. day care center on the land taking away the only place our children have to play (no backyards). Does the Easement law apply in this case? We are trying to find a way to save our field!


Asked on 3/29/98, 6:05 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

vacant field - ability to have an easement

Easements are rights that may be given by the owner to users of the property, or users may acquire an interest over someone else's property in several ways. Usually, if the owner of property consents to use by others, the other people using the property cannot acquire an interest or easement.

You and other neighbors may wish to meet with the owner and negotiate for some public play space on the property.

You should consult with a real estate attorney in your local area.

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Answered on 4/15/98, 12:53 pm


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