Legal Question in Real Estate Law in Pennsylvania
right of way
I own property with a right of way deeded on it for the subordinate property behind me. My deed states that I maintain ownership of right of way and the subordinate property is responsible for maintenance of it. My question is, Do I have any control over whether or not the user paves it? Currently its gravel and that is what I preferr.
1 Answer from Attorneys
Re: right of way
If the other property owner has an easement on your land then your property is the subservient property. At least that what I remember from the bar prep. Not that for this issue it matters much.
The first thing to do is see if he is even thinking of paving the right of way. Its helpful to talk as its cheaper and less hostile than going to lawyers.
As to whether you have any say as to how the right of way is maintained you would have to look at the documents that created it and see what they say if anything. If they are silent then case law will have to be examined to see how the court would rule on the matter.
If you have any questions feel free to contact me. The initial consultation is free.
{John}