EASEMENT BY NECESSITY?

I have a piece of property in pa.  It is landlocked, but there is a gravel road that goes back to it.  That owner won't grant me a right of way.  Does anyone know the law about easments by necessity.  Is it shortest distance or is it the least amount of damage to ones property to get back to mine?

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Permalink Reply by Tom Frey on March 16, 2012 at 3:53am

When i bought it i new there was property on the other side of the turnpike i owned but didnt think about it being land locked

Permalink Reply by william r rinehart on March 16, 2012 at 5:03am

I have a problem, but in reverse. I purchsed two lots, put a gate up, then within two mnoths received a letter from a guy that said he had an easement across my property (a ten acre lot next to mine, that is attached to his brother property)  He has a much closer access thru his brothers and four wheeler paths, but instist he needs this. Of course we bought the property for deer hunting he waits to access during the gun season. We had title insurance but they said they missed it, basicly sue us, they did not want to fight in court over it. The said ten acres was NOT part of the acres that we purchsed. He found something in our deed from 1902 that the owner said he could access the said property, by the onion patch, as long as he toke care of the fence. From everything I have resourced they have to prove it nessary?  So we have been living with this, knowing to defeat his easement would require lawyers and court.

Permalink Reply by Finnbear on March 16, 2012 at 5:23am

If the neighbor is a pain I'd probably hire a big gun attorney and fight it, using the information that his brother's land gives him better access, plus it is through a relative of his, and also sue the title co that made the mistake. Why pay title insurance if it is no good?

Permalink Reply by Debbie Kugler on March 16, 2012 at 5:58am

I had a friend that had the same situation and what it really came down to was that if there wasn't another feasible way for Medical/Fire equipment to get into the property the easement would be granted.  They had that situation, Medical/Fire representatives stood behind them saying there was no other feasible way to get to the house.  The case took about 5 years.  They got their easement but had to pay the landowner 3K for it.

Permalink Reply by Dave on March 16, 2012 at 9:00am

What did they end up paying for an attorney?

Permalink Reply by Debbie Kugler on March 16, 2012 at 9:36am

I know the legal fees were not as high as the landowner because the landowner used a lawyer from Philadelphia and he had to travel to Tioga County.  But I don't think legal fees would be too high unless the landowner wants to spend money and fight you like was the case in their situation.  But if that is the only way in go for it, it will be worth it.

Permalink Reply by Dave on March 16, 2012 at 10:43am

In the state of PA you can sell land that is landlocked

Permalink Reply by tony d on March 16, 2012 at 5:04pm

.

Permalink Reply by william r rinehart on March 19, 2012 at 4:54am

His title for his ten acres, mentions the easement, my title made no referance to it.

My title company bought his title company, taked on the phone for a year, via first columbus, then to chicago. They told me, it can't be removed. We got the property for a good price, what the lawyer mentioned, was, "How much is the land worth less in value due to the unforseen easement".  Well if we got the property for a good price how would you undersate the value due to the easement?  From what I have read it HAS to be nessary for it to stand. I would like to give the guy the hook, but what would it cost me $$$$$?

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