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


Asked on 8/19/05, 11:53 pm

1 Answer from Attorneys

Mark Johns Mark Johns, Esquire

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.

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Answered on 8/20/05, 10:29 am


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