Legal Question in Real Estate Law in Pennsylvania

Right of way through property.

I live in a section of row homes. The alley behind all the houses and their garages has had a common right of way shared by all. Recently a home owner on the end of all the row homes was purchased. The alley turns and passes through the center of the end property. The alley has been in use by all for 100 years. The new owner has decided he no longer wants to allow use of the alley through his property.He has put up a chain and barracaded the right of way used by 20 people. The township authority has answered complaints by responding that he is within his rights and that we must all now petition the court to resolve the matter. It is a major inconveience for all who live here. My question is how do I get up the petition?Is there a form?How do I present it to a judge?


Asked on 10/22/08, 4:51 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: Right of way through property.

You and your neighbors should check your deeds and get in touch with your title insurance companies. The issue may have been covered in your title insurance.

Any legal action you would have to pursue to challenge the end owner who has blocked the right of way is not a "standard form". You would need to consult with a lawyer familiar with such actions. If you and your neighbors band together, the cost to each of you will be substantially reduced copared with the cost if one acts alone.

All of you will be affected by this when you are ready to sell, so you may as well clear it up now.

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Answered on 10/22/08, 5:12 pm


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