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  1. #1
    Join Date
    Apr 2013
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    28

    Default Does the Owner of a Right of Way Have to Close Gates on the Servient Property

    My question involves an easement in the state of: PA Right of way runs through my property which is used as a pasture for cows. My question is does the neighbor using the ROW have close gates after going through my property.

  2. #2
    Join Date
    Sep 2010
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    19,480

    Default Re: Does the Owner of a Right of Way Have to Close Gates on the Servient Property

    That would have to be determined by how the ROW/easement was written. I take it you've asked politely if he'll close the gates?

  3. #3
    Join Date
    Oct 2006
    Posts
    15,983

    Default Re: Does the Owner of a Right of Way Have to Close Gates on the Servient Property

    Quote Quoting Plumout
    View Post
    My question involves an easement in the state of: PA Right of way runs through my property which is used as a pasture for cows. My question is does the neighbor using the ROW have close gates after going through my property.
    While FlyingRon makes a good point. I suspect that the answer to your question is yes. They have to close the gates. Not necessarily because they have a duty to the servient tenant, but because I suspect that there are local ordinances that would make it an offense to be responsible for allowing cattle to escape their enclosure.

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