Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2009
    Posts
    3

    Default Pennsylvania Right of Way/Maintenance Agreement Dispute

    We purchased our property nearly 11 years ago with the understanding that our driveway (which runs directly through our property) is subject to a right of way to the neighboring property. This right of way is recognized and is recorded in the deed. When I purchased the property, I was required to sign a maintenance agreement with the neighbor, who operated a small business from the property, to share costs associated with the driveway, including snow removal, gravel, improvements, etc.

    That business folded and the property was vacant for a few years. Last summer, another small business moved in and eventually the driveway and its usage came into question. I stated that I did not want customers using the driveway out of respect to my children and privacy, as they have a parking lot at the front of the business. In addition, I asked the owner to enter into a maintenance agreement to offset my costs.

    Despite being as friendly and non-confrontational as I could be, all hell broke loose. The neighbor was irrational and severed our relationship, and among other things, refused to sign a maintenance agreement. Apparently, they feel that I should be solely responsible for all costs and/or labor, while they enjoy the comfort and convenience of using the driveway at their discresion.

    We are in Pennsylvania, and I would greatly appreciate some direction of what my next move should be. I realize terminating the right of way is probably out of the question, but how do I get them to at least sign a maintenance agreement and assume some responsibility? Thanks!

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,370

    Default Re: Pennsylvania Right of Way/Maintenance Agreement Dispute

    It is difficult to say anything with out knowing the wording of the "understanding".

    I stated that I did not want customers using the driveway out of respect to my children and privacy, as they have a parking lot at the front of the business.
    If it's a valid heritable easement, your feelings about your children and privacy are probably not protected in the wording of the easement.

    The neighbor was irrational and severed our relationship, and among other things, refused to sign a maintenance agreement.
    If the neighbor purchased the property (and a valid easement) with the intention of continuing the use of the drive for business purposes, it is your action which would appear to be irrational.

    The existence of a parking lot or additional access drives are immaterial in the case of a deeded easement.

  3. #3
    Join Date
    Dec 2009
    Posts
    3

    Default Re: Pennsylvania Right of Way/Maintenance Agreement Dispute

    Thanks. We understood that the property contained the right of way and the adjoining property had rights to use it.

    Aside from my children's safety/privacy issue, customer usage of the driveway also creates other legal issues. The driveway snakes in behind my house and the neighboring business. To access the business from the driveway, a customer would have to use a set of steps situated between my house and the business that extend from the driveway to the top of the hillside, where the entrance to the business (and my house) is located. The problem lies in that these are my steps, and I have allowed the previous business and the current business owners and their employees/associates to use the steps as a courtesy. Allowing customers to use these steps creates a huge liability for me, in the event of a fall or something of that nature. In addition, if a customer falls in the driveway, I wonder if I could be sucked into a personal injury lawsuit. This has never been a problem, and both businesses have agreed to limit the usage of the driveway to their personal use and deliveries.

    My question here is regarding the maintenance agreement for the driveway, as I feel it is unreasonable for the business to continue to access the driveway and not contribute anything towards its associated costs.

    1. Sponsored Links
       

Similar Threads

  1. Driveway Easement, Right-Of-Way, and Maintenance Agreement
    By jenmom28 in forum Easement and Right of Way Law
    Replies: 2
    Last Post: 01-18-2010, 08:50 PM
  2. Boundary Dispute in Pennsylvania
    By DerekPA in forum Boundary Disputes and Nuisance
    Replies: 2
    Last Post: 08-26-2009, 06:17 PM
  3. Driveway Easement Maintenance Agreement
    By heckle in forum Easement and Right of Way Law
    Replies: 2
    Last Post: 07-13-2009, 03:00 AM
  4. Driveway Dispute in Pennsylvania
    By pbandj in forum Boundary Disputes and Nuisance
    Replies: 13
    Last Post: 07-12-2007, 01:37 PM
  5. Custody dispute in Pennsylvania
    By black0677 in forum Child Custody and Visitation
    Replies: 2
    Last Post: 12-05-2006, 10:57 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Easement Forms
Instantly download professional easement forms for all states.




Untitled Document