We have to give an easement over our property. But there was already a stipulation when we got an easement for our property.

Asked over 3 years ago - Mercersburg, PA

When we got our right of way, it was written that no more than 3 houses could be constructed on that easement. Now someone above us, on the mountain, wants to extend that lane. Does that first restriction on our right of way get snowed under, or does that restrict this new property too? We already have 3 homes on this lane. If we grant the easement on our lane, does that mean they cannot use their land to build a home? There is another lane coming from an adjacent public road. We are being sued (all residents on both lanes) to gain access to this upper property. My property is at the top of both lanes. This is mountain ground. I gave access across my property using an existing easement then breaking off from it to the property above mine. He thought it was too steep and didn't accept it.

Attorney answers (1)

  1. James S. Tupitza

    Contributor Level 18

    Answered . Your question mixes the three following issues: 1) zoning restrictions on number of homes on a private drive, 2) modification of existing easement agreements and 3) it seems someone is using the Private Road Act to acquire a right of way to their landlocked property. These are very difficult issues and are not really capable of being fully addressed online.
    I am just now finishing re-writing my book on these topics for presentation at a program called Boundary Law at the Pennsylvania Bar Institute Center in Mechanicburg on June 28. You need to hire a lawyer that has been to one of my Boundary Law classes in the past. I assume you are on the mountain just west of town and are in Franklin County. You can start reading my guides on the topic of easements found on this site. I should say the Pennsylvania Supreme Court is tinkering with the Private Road Act.


    DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
    James S. Tupitza
    212 West Gay Street
    West Chester, PA 19380

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