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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?

Allison Park, PA |

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.

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Attorney answers 2

Posted

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 for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

Asker

Posted

In the Deed it specifically says that we have a right away and the real estate agent said that this road was our right a way. Its highlighted in the deed as well.

Brandy Ann Peeples

Brandy Ann Peeples

Posted

Yes, but you need to make sure the right of way is accurate as it concerns other parcels. I've handled a case that had a fraudulent right of way. This is why you should consult your title company if you purchased title insurance and a local attorney.

Asker

Posted

Our Deed does say that we do have a right of way, their attorney sent us a threatening letter saying to stay off the right of way or other actions will be taken. What should we do next?

Robert Lincoln

Robert Lincoln

Posted

You need to take your deed and a survey if you have it and consult iwth an attorney. As suggested earlier, if you have title insurance, you should contact that company first - but do so immediately. Be sure to make copies of the letter and any other documents.

Asker

Posted

Ok Well Our Deed says we have a right of way, and there deed says nothing about a right of way....weird, but thank you all so much for your help! We will take your advice!

Posted

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.

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