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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Who Actually Owns the Right of Way

    I purchased three parcels of land in Pennsylvania that do not have access from the township road. On my deed, it lists all of the property measurements for parcel #1 containing 10 acres. Then the second parcel measurements are listed containing 25 acres. The measurements are then listed for parcel #3 containing 15 acres. The last paragraph says "AND including a 20 ft. right of way access road to provide access to a parcel of land formerly owned by "John Doe". The lady that owns the property that the right of way goes through says that her property runs across the right of way, but her deed says that her property runs "from point A, 200 ft along the township road to point B, 200 ft. to point C then 200 ft. to point D and 200 ft back to the place of the beginning. Containing 1 acre. EXCEPT a 20 ft. right of way access road to property formerly owned by "John Doe". So who owns the right of way? Who is allowed to use it? She has access to her property from the township road but she wants to use the right of way to pull into the back of her property. I don't have a problem with her using the ROW, but we recently stoned the whole road, raising it up about 2 ft., and she wanted us to level it out where it butts up against her property. We fixed it for her just to keep peace, but I don't feel we should be obligated to do so. Please help me out. Is the right of way our property or the property of the people whose land the right of way crosses? Thanks, Staci

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Who Actually Owns the Right of Way

    Quote Quoting Staci
    View Post
    I purchased three parcels of land in Pennsylvania that do not have access from the township road. On my deed, it lists all of the property measurements for parcel #1 containing 10 acres. Then the second parcel measurements are listed containing 25 acres. The measurements are then listed for parcel #3 containing 15 acres. The last paragraph says "AND including a 20 ft. right of way access road to provide access to a parcel of land formerly owned by "John Doe". The lady that owns the property that the right of way goes through says that her property runs across the right of way, but her deed says that her property runs "from point A, 200 ft along the township road to point B, 200 ft. to point C then 200 ft. to point D and 200 ft back to the place of the beginning. Containing 1 acre. EXCEPT a 20 ft. right of way access road to property formerly owned by "John Doe". So who owns the right of way? Who is allowed to use it? She has access to her property from the township road but she wants to use the right of way to pull into the back of her property. I don't have a problem with her using the ROW, but we recently stoned the whole road, raising it up about 2 ft., and she wanted us to level it out where it butts up against her property. We fixed it for her just to keep peace, but I don't feel we should be obligated to do so. Please help me out. Is the right of way our property or the property of the people whose land the right of way crosses? Thanks, Staci

    I am sorry to hear about your problem. She does own the land, but you have the "RIGHT OF WAY" yes, you can access the right of way. She has no legal way to say that you CAN NOT.

    Since you have the "right of way" yes, it is yours to use. You would need to check with the local government agency to see what they would want you to do with it. i.e. pave it, cement it, stone it, etc.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,368

    Default Re: Who Actually Owns the Right of Way

    Consult a surveyor, title work in hand, to see if it is possible to figure out who owns the land under the right-of-way. If your title grants you right of way, it's unlikely that you own the land under the right-of-way unless it is under a separate parcel you purchased. Your rights to improve or modify or improve the right-of-way are governed by its terms, or if they're silent by state law.

  4. #4

    Default Re: Who Actually Owns the Right of Way

    Sounds like she owns the land and has the right to use the drive. Maintenance is another issue but she was within her rights to ask you to fix it for her use when you changed the grade.

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