Legal Question in Real Estate Law in Pennsylvania

Right of Way Being Blocked

Each property according the facts you gave hasa right of access. No other property owner canblock the road. You may obtain an injunctionto prevent a property from blocking the access.A letter from an attorney to the property owner may be sufficient to solve the problem.However, my experience dictates that you firstsit down with the problem property owner ifpossible to attempt to resolve the issue. If that does work consult an attorney to reviewall the documents and take appropriate actionon your behalf. Perhaps you can get the othereffected property owners to share the cost ofany legal proceeding.

driveway right of way - obstruction

Generally, when there is a right of way for driveway purposes, all neighbors who share the driveway must respect it and not obstruct it. When someone does obstruct such a driveway, the other neighboring owners who have the right to use the driveway should object. This objection may take the form of a letter sent certified mail, return receipt requested (to give evidence of its receipt) as well as via ordinary mail (since the certified mail may be refused) to the person obstructing the driveway. Unfortunately, this may not solve the problem. The next step would be to consult a local real estate attorney to investigate the costs and utility of suing to enforce the right of way. The attorney would need to see the document - recorded deed, easement or right of way agreement - to analyze what rights and obligations it created. It is also useful to prepare a factual chronology of events, detailing the use of the driveway since its creation, when the obstruction occurred and how and by whom, the reactions of other owners entitled to the right of way to the obstruction, and the responses, if any, by the person obstructing. You may also wish to include photographs showing the driveway and its obstruction.