Right of Way Issue in Pennsylvania

**dmacdonald1981** · 09-17-2010, 09:01 AM

My question involves an easement in the state of: Pennsylvania

Hi there,
30 years ago, my father in law purchased 26 acres. At the time there was no right of way, so he worked out a temporary, verbal agreement with the owner of the neighboring trailer park. When he obtained access from the township, then the verbal agreement was canceled and the access road from the trailer park has since grown over.
Over the years the land was subdivided to 2 brother in laws, my daughter, and my wife and I. The road itself was never taken over by the township, and to this day remains a dirt road. As far as right of way goes, this is where it gets confusing (at least for me). My father in law deeded my wife and I right of way, brother in law one also received a right of way, and my daughter was deeded one when she purchased their home. From our understanding he did not deed a right of way to brother in law 2. He was just "allowed" to use the driveway.
My father in law passed away 8 years ago, and not long after brother in law 2 passed away as well. His house, along with 1 acre, were eventually sold about 5 years ago, to someone we don't know. They have continued to use the driveway, and if there is a statute of limitations on that, then so be it. That's not my concern.
A few days ago the remaining 10 acres that brother in law 2 had owned were sold via a sheriff auction, due to taxes owed on the property. And the new owner stated that the acreage came with 2 rights of way. How is this possible? If everything my father in law said was true (we are trying to get copies of deeds) then brother in law 2's land never came with 1 ROW let alone 2. There is also a lien on the property due to a mortgage, could my uncle have given his mortgage company a ROW, when he never owned one to begin with? Could he have falsified a deed? (which he would have done, if he would have done if it proved to his benefit) and if so, can we prevent the new owners from using these ROW's? We were once told by the township that per an agreement set up between them and and my father in law that noone can use the ROW without written permission of the current ROW owners, (brother in law 1, my daughter and me and my wife) Is that possible as well?

The neighboring properties are, a school, the trailer park, and the landowner my father in law originally purchased his 26 acres from, so its not as though he cant obtain another access to the property?

One of the right of ways according to the new owner, was the original access road, that was used per the verbal agreement. And is now part of my front yard.

I'm sorry for so many questions, I'm just really confused about this.

**LandSurveyor** · 09-17-2010, 05:06 PM

My father in law deeded my wife and I right of way, brother in law one also received a right of way, and my daughter was deeded one when she purchased their home.

He deeded you a right of way from where to where?

And the new owner stated that the acreage came with 2 rights of way. How is this possible?

He only owns the rights deeded by the sheriff.

It sounds as if there are a stack of deeds, liens, foreclosures, tax sales, verbal agreements, etc. at work here. It is a regular furball and you can get some limited response here but you will undoubtedly need a local real estate attorney to sort this situation out.