When Can Use of a Strip of Land to Access Property Turn Into a Right of Way

[Bruce Horowitz]

My question involves an easement in the state of: Pennsylvannia. The owner of the piece of property behind mine does not use the correct right of way to get to their house. (hurts their low cars). Over the years they have driven thru my parking lot and besides an old structure and established a road straight to their property. Can i block this off and force them to go thed right way? Some one told me that if i let it go on long enought without saying something they have established a right of way over timeby use. I bought the property 4 years ago and they say the previous owner let them do it. What do i do?

[Mr. Knowitall]

If the issue is that you want them to stop, tell them to stop.

If the issue is that you want to be sure you don't lose the right to tell them to stop, have them agree in writing that their use of your property is based exclusively on your permission, subject to termination at any time, and subject to whatever limits you want to impose on their use.

[yyz0]

Some one told me that if i let it go on long enought without saying something they have established a right of way over timeby use. I bought the property 4 years ago and they say the previous owner let them do it. What do i do?

What you were told is partially correct. Use over time will establish the "use" of the property and if all conditions are met it can be turned into a ROW through legal means. But just because someone has used others property for many many years, it doesn't automatically turn into a ROW. To create the legal documented ROW the user will need to either sue the owner for the ROW through the courts or the owner can just give them the ROW for free or a fee if they want to avoid the court costs to both sides.

The problem you'll run into is that most likely the cops will give you no assistance in this matter. So if you block off the trespasser and they remove your blockage to continue the use, the cops will just say it's a civil matter and wash their hands of the matter. if this situation should arise, use the term Vandalism when reporting it to the police, not trespassing. This may or may not get different results.

[Conrad Hunter]

Four years is not going to create a ROW but if you do not enforce your property rights you could lose them. You are not bound by what the previous property owner allowed.

I would not take it to court. Let your neighbors sue if they have the money to spend, but they will likely lose. This is not small claims, so it could get expensive for them to pursue.

The cops will not do anything, it is a civil matter.