Legal Question in Real Estate Law in Pennsylvania
property
I bought a house and in the back there is a section 40 by 40 feet that a business uses for parking. on our deed it states , an easement in favor of the owner or owners of tax parcel id # XXXX to utilize for vehicular parking. i want to know since this is my land that I PAY taxes on could said business man tell me not to park on my land?
what are his rights and what are my rights. i have not had any problems thus far except from neighbors which the business and I agreed they need not park there.
1 Answer from Attorneys
Re: property
You asked about an easement on your deed.
An easement on a deed prevents the servient property from disabusing the easement holder from use of the demised property. In other words, the servient owner can't build a structure on the demise portion but is fully entitled to use of the property and unless otherwise specified is responsible for maintenance.
On the other hand, unless specified in the easement, if the servient owner wanted to close off half the lot for a day for a barbecue then s/he could probably do so. S/he could probably also use the entire lot on any day that the eaement holder did not need access.
Hope that helps.
Regards,
Roger