old right a ways

Does anyone know where to start or how to find old right a ways that may run threw your property ?

Thank you in advance .

Views: 1235

▶ Reply to This

Replies to This Discussion

Permalink Reply by william r rinehart on August 28, 2014 at 12:21pm

Time will tell,

One of the owners in the chain of my title gave it to the owner of ten acres back in 1902. Once there any owner to the ten acres will have it.....forever. Just happy hes not into riding dirt bikes :-). Had a week off for bow hunting and left the gate open, his brother must have seen it, and desided to mow the right-of-way. More fun then pigs in a poke. James you are right, knowing what I know about them I would never grant one, ever.

Bill

Permalink Reply by Mike h on August 28, 2014 at 12:31pm

James, you are not quite correct in saying that a ROW or easement is forever - it depends on the grant by the landowner. One of the parcels of our farm is landlocked. When we bought it, the lender did not require a ROW from one of our parcels with r5oad frontage. When we bought another adjacent parcel with road frontage, the lender required us to include a ROW for access to the landlocked parcel. It took a little negotiating but the ROW is very specific as to where it runs AND, the ROW goes away when the landlocked parcel mortgage is paid off.

Long story short, it depends on the agreement.

Permalink Reply by James Foster on August 28, 2014 at 2:15pm

William R Rinehart - there is your solution.  Buy the ten acre parcel ... and you will be giving yourself a right of way instead of your neighbor.  Eventually go and have all parcels combined into one.  Problem solved.

Mike H - Your example is not exactly the situation we are talking about.  It is the exception to the rule.  We were talking about ROW granted to other people not an existing ROW that you are granting and then you buy that property or in your case are forced to give yourself a ROW because the lender is wacko.  A ROW is forever unless you buy up the property.  And there is one other situation where you can go to township, etc and have a ROW dissolved ... especially an alley for example. Again an exception.  When signing a ROW it is best for everyone to ASSUME it is forever and to think about consequences it may have for them and heirs.

Permalink Reply by Mike h on August 28, 2014 at 2:51pm

James, this could also be true of a ROW granted to others.You made a generalization that is not quite correct. Granting a ROW or easement is a contract. People can put pretty much whatever they want in an agreement (of course excluding illegal acts, etc). If the parties involved don't agree then there isn't a meeting of the minds and no agreement.

For example, it may stipulate that the ROW is only for a certain number of years or it could stipulate (for a pipeline for example) that the ROW reverts to the landowner for non-use over a certain period. It might be that there is a stipulation that the owner/operator of a pipeline must maintain insurance in a particular amount to cover potential damages - and if the owner/operator breaches the agreement then the easement may be voided.

The fact that most landowners do not stipulate limitations does not mean that it is not possible to stipulate limitations. Of course, where eminent domain is used it is not likely that one could make these sorts of stipulations.

Permalink Reply by Jim Ibberson on August 28, 2014 at 9:04pm

In Pa you cannot landlocked anyone but you must have proof that a right of way was given. The hand shake will not work anymoe. This can be a simple piece of paper signed by both property owners and dated. Nowadays when properties are sold the right of way must be included in the new deed so that it is easier to prove and carry forward. The person owning the property that is needed to cross can make it tough by forcing the other person to go to a lawyer but you will eventuality lose. Good luck

Permalink Reply by time will tell on August 28, 2014 at 11:23pm

You know I really wouldn't have a problem giving a neighbor a right a way 

so long as you have it for  the original person that it was intended and that 

the grantee would remain a good neighbor but it seem now a days its hard 

to find someone who once they get what they want they are done with you .

Still looking into my right a way , it sure is a lot of work but all good things are .

RSS

© 2024   Created by Keith Mauck (Site Publisher).   Powered by

Badges  |  Report an Issue  |  Terms of Service