Legal Question in Real Estate Law in Pennsylvania

Thank you for your question,

An easement grants a right of ingress and egress to an individual, over land which is owned by the grantor of the easement, but does not grant any rights of ownership to that individual to whom the easement was granted.

Regardless of what this attorney told you, an easement does not confer the right to post "No Trespass" signs, or to plant vegetation, place decorative rocks, or use the easement area as if the individual owned the property in fee. The attorney either is not well versed in Real Property law, or is trying to "sandbag" you, but in either case, the attorney is totally incorrect in telling you that the manner in which your neighbor is using the easement is, "a necessary part of an easement". Your neighbor is also mistaken in believing that he can use the easement in any way he thinks he "needs" . If your neighbor's statements or beliefs were correct, he would be using the easement area as if he had title to that area, and that expressly is NOT what an easement confers. However, I would be remiss if I did not tell you that your neighbor's actions are that of ownership and, infringe on your ownership rights. Furthermore, if your neighbor continues to act as if he could do anything he wanted to do with that area where the easement is located, he could very well divest you of title to that area of land, and gain title to the easement area by adverse possession.

There is certainly case law to support your position and none that would support your neighbor's actions, or the contentions of his attorney, but as I am sure you already know, legal research is time consuming and expensive and is not supported in this forum.

I wish you the best,

ANDREA G. TILLIS