Bought a piece of Land up in Benezett PA, Neighbors say we cant use there right a way, is there suppose to be a right away?

I thought on all Land you were granted with a right a way, especially when the Real Estate Agent had told us this road was the road we would use as our right away and our neighbors say otherwise.

Allison Park, PA -

Attorney Answers (2)

Michael W. Aitken

Michael W. Aitken

Family Law Attorney - Havertown, PA
Answered

To add to what has already been posted, generally speaking, courts disfavor landlocked properties, so you should consult with a local attorney who can review all of the relevant information.

Also, this is not really a zoning and land use issue, as your potential claim will be redressed through the court and not through your local municipality/zoning hearing boad.

Brandy Ann Peeples

Brandy Ann Peeples

Land Use / Zoning Attorney - Frederick, MD
Answered

Not all parcels have ingress and egress rights; you need to specifically look to your deed as well as your neighbors' deeds for any kind of express grant of a right of way. That being said, there are things you can do to obtain a right of way depending on your situation. Things such as "prescriptive easements"..meaning if you and your predecessors-in-title used that road continuously and openly for a period of time, then you may have established a right of way. Another option might be that your neighbors and your parcel all came from the same original parcel which may entitle you to something called an "easement by necessity" if your state law so allows.

If you purchased title insurance and you were granted an express easement, the title insurance company may be able to appoint counsel for you. However, I'd recommend consulting an attorney in your area. Your deeds/neighboring deeds will need to be reviewed before any true assessment can be made.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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