My rights of how much to charge for an easement.

Asked about 3 years ago - Transfer, PA

We sold my sister an easement for $1. The contract is null & void when they loose interest in property. Do we have the right to charge the new owners monthly rent and how much. I'm having trouble finding a lawyer, who can give me advice and draw me up a new contract with the new owners and also notify the realty office of this easement. Please help.

Attorney answers (1)

  1. Edward G. Puhl

    Contributor Level 10

    Answered . Are you sure it's an easement you want? Easements come in two flavors in Pennsylvania, 1) those that "run with land," and 2) those that that are "in gross," which means they're personal rights that terminate when the holder no longer owns the benefited land. When you link someone's right to use your land with a monthly payment, it begins to look more like a lease or a license, than an easement. These are fine line distinctions and you should consult with a real estate attorney in your area.

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