Legal Question in Real Estate Law in Pennsylvania
Right-of-Way Dispute
I recently purchased a 4-acre property with a private right-of-way through it. The neighbors have easy access to their property from their own driveway but will occasionally use the right-of-way and send guests across it. Do we have any legal chance of limiting their access?
1 Answer from Attorneys
Re: Right-of-Way Dispute
A "right of way" is normally the same as an easement. If your neighbors have easy access to their property, then this would probably not be an easement by necessity or implication. I assume it is an easement granted in writing by deed or another instrument. If so, the courts do not like to void these easements, and it normally requires the consent of both parties to void an easement.
As I said, I had to make assumptions about what you were asking, thus my answer may not apply in your case. I would suggest contacting an attorney who can look at the specifics of your case and advise you.
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