Legal Question in Real Estate Law in Pennsylvania
Right of way
In July of 1965 My father got a 10ft. right of way to this property.He paid to have a surveyor to map it out and they all signed it. It emptied into a front yard of an old homestead. A man owned mountain land next to this land wanted a right of way from my father. He said no and to take his tractor over anytime. Up until his death three years ago he would ask again. Well he died and my father has given me this land. Now his son said they have a right of way over to that land. Back in 1978 The old guy Got the farmer and my father to sign off on the right of way my father already had. Well the lawyer send me a copy of it and it says it goes on across my land to his. My father said he never signed anything but an agreement to use his right of way but this document is worded differently. It doesnt say where it crosses or width just that it goes to his. Where they say it crosses it would be 10 ft in front of my deck. It does not show on my deed but the other 50 ft right of way does. There never was a road across here and now they say they are going to haul in shale and make one.
Building a road that close would greatly lower the value of my home. Is this document of theirs legal?
1 Answer from Attorneys
Re: Right of way
You have a lot of facts and issues - it is tough to make the call on what is enforceable here. It is not clear whether the various agreements you recite were ever recorded. It is not clear whether your father's signature was forged or he simply has a poor memory for what he signed. It is not clear whether you had a title search done or whether you have title insurance. While I like to give a more specific answer to questions that people post, your issue is one where a good real estate attorney would have to look at the documents before giving you any opinion about your rights. The document controls where the eaement may be and what can be done along the easement. Building a road within ten feet of your house where one does not now exist - I think it is unlikely that they can do this - but the document and the facts would shed light on it. Take the documents that you have to a real estate attorney - and soon while your father is competent to testify about what he did and did not sign. Once he is gone, your case may get much harder to prove.
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