West Chester, PA
Real estate Lawyer at West Chester, PA
Practice Areas: Real Estate, Appeals ... +5 more
Trees: A landowner may use self-help to remove encroaching tree limbs (so long as he does not trespass on the neighbor's property), and thereafter recover his reasonable expenses from the trespass...
See Full GuideA. Negative Easements -- Negative easements, also known as servitudes, do not bestow upon the owner of the dominant tract the right to travel physically upon the servient tract, which is the feature co...
See Full Guide4. Relocation "[T]here is no per se prohibition against a landowner relocating a prescriptive easement unless such action completely denies the easement holder the intended use of the original easemen...
See Full Guide2. Permissive Use a. If the use is permissive, a prescriptive easement cannot arise, no matter how long the use continues... Morning Call, Inc. v. Bell Atlantic - Pennsylvania, Inc. 761 A.2d 139, 143 (...
See Full GuideF. Easement by Prescription -- 1. Elements a. An easement by prescription is created by adverse, open, continuous, notorious and uninterrupted use of land for 21 years. POA Co. v. Findlay Tp. Zon. Hrg....
See Full GuideE. Easement by Necessity 1. Definition a. Also known as implied easements by necessity. Graff v. Scanlon, 673 A.2d 1028 (Pa. Commonw. 1996). b. Distinguished from implied easements from existing use:...
See Full GuideD. Easement by Implied Reservation 1. Elements a. where an owner of land subjects part of it to an open, visible, permanent, and continuous servitude or easement in favor of another part and then alien...
See Full GuideA. Easement by Deed 1. Created by Deed of Easement a. Use of the word deed may trigger transfer tax b. Failure to use words of inheritance may result in easement for the life of dominant tenement; runs...
See Full GuideA. Broad Categories: 1. Easements in Gross - An easement in gross . is a mere personal right in the real estate of another because it is not appurtenant to other land owned by the grantee. An easement ...
See Full GuideGenerally, title that is described as bordering a railroad will revert to the center line of the railroad if the railroad is in a railroad right of way and the tracks have been removed. In Dellach v. D...
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