Legal Question in Real Estate Law in Pennsylvania
right of way
the family farm has a dirt road on it that has been used
by neighbors . this has always been a private road and
they were never given a legal right of way. in 2000 they
purchased other land in which they have a legal right of
way. now that they have another way out can we shut
the dirt road off to them? they have been using our road
for a long time but are driving too fast, they plow our
driveway shut in the winter, and have run over a couple
of our dogs. we have been asking them for 3 years
now to slow down. we have put speed bumps in it and
they are telling us we do not have the right to do this
because we do not own the road. this has been in my
family since the 1920's and we have paid the taxes on it
since then
please advise
1 Answer from Attorneys
Re: right of way
The deed to the farm may grant the neighbors an easement to use the road. If they have used it without permission for over 20 years they may have gained an easement by adverse possession. Now that they have another exit from their property they would not be entitled to a ruling that would allow them use of the road out of necessity. I suggest you contact an attorney to review your deed and discuss your legal options. I offer free consultations.