You have to look at what the easement was intended to accomplish. If it was created 100 years ago and it no longer serves its purpose then you may have a case.
If you have any additional questions, feel free to contact us for a free initial consult.
Michael Kuldiner, Esq.
Law Offices of Michael Kuldiner, P.C.
T (215) 942-2100 | F (215) 942-9664
Michael@phillyesq.com | www.phillyesquire.com
You have several questions. Without a map showing where the easement exists, what it initially intended to accomplish and what has intervened, no one can really give you more than general help.
That said, you are discussing use of the easement by persons who are not entitled to use it, overburdening of the easement by users entitled to use, and the possible impact of a public road. Not every lawyer is going to be able to properly counsel you. Interview lawyers and find one who has been to court on easement and boundary law issues.
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 610-696-2600