Legal Question in Real Estate Law in Pennsylvania

My question relates to my property in Pennsylvania and the specific laws that may apply in this state regarding access easements. There is a 50-foot wide, 300-foot long access easement that runs across the front my property. This easement was never used by the adjacent property owners because they chose to access their home another way. The adjacent property was recently sold and the new owner plans to build three new homes there. The addition of these homes will likely result in the extension of the paved/curbed road that currently ends where my driveway begins. If a road is constructed, our property will be affected in various ways. Most concerning will be the destruction of mature trees on my property and other landscaping that existed before the easement was granted. Do I have the right to require compensation/consideratoin for the loss of the trees and destruction of landscaping if/when the road is constructed to serve the new homes? In addition to an answer to that question, any other relevant information you can provide would be most helpful. Thanks.


Asked on 3/10/16, 6:41 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

You need to consult with a local real estate lawyer, bringing with you a copy of your deed, the easements and whatever information you have about the planned development. If you have received notices of the development or if the land has been posted, bring photos of those also. If you are within the time to object, you may want to object at a hearing. This situation is more involved than can be answered here.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 3/11/16, 12:31 pm


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