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  1. #1
    Join Date
    Aug 2018
    Posts
    7

    Default Right of Way Rights

    My question involves real estate located in the State of: Pennsylvania I have a deeded right of way, that the first 600ft cross the neighbors property. The neighbor has used this right of way to access the back portion of his property as well as an ATV trail. This has caused damage to the road and side ground. The damage is also causing water runoff issues at the other neighbors property that we are being blamed. He claims it's his property and he'll do as he pleases and refuses to repair or stop. I am responsible for the road as I need to access my home. How is it my responsibility to repair the road the neighbor has damaged? What are my rights for this right of way? Thank you

  2. #2
    Join Date
    Sep 2010
    Posts
    19,668

    Default Re: Right of Way Rights

    It would depend on many things that we can't tell here. The neighbor is certainly not responsible for your neighbors improperly blaming you for things even if he has somehow violated the ROW rules.
    I'd suggest you talk to an attorney. ROWs are generally not exclusive easements and unless he is doing something to make it unusable for the stated purpose, you're usually stuck with the inconvenience.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,888

    Default Re: Right of Way Rights

    Quote Quoting dsom883
    View Post
    My question involves real estate located in the State of: Pennsylvania I have a deeded right of way, that the first 600ft cross the neighbors property. The neighbor has used this right of way to access the back portion of his property as well as an ATV trail. This has caused damage to the road and side ground. The damage is also causing water runoff issues at the other neighbors property that we are being blamed. He claims it's his property and he'll do as he pleases and refuses to repair or stop. I am responsible for the road as I need to access my home. How is it my responsibility to repair the road the neighbor has damaged? What are my rights for this right of way? Thank you
    You are considered the dominant estate and the neighbor whose property the easement is on is the servient estate. If the deeded ROW does not address maintenance of the ROW then the dominant estate is responsible for the maintenance for the purposes of the granted easement (ingress/egress). Now if the servient estate is causing damage that causes water runoff issues to another property, that is not your responsibility to correct. The servient estate can use his land (the easement) as long as it doesn't impede your use of the easement. If he is damaging the ROW for your purposes you need to sue him to stop him. If the neighbor with the water trouble wants to take action, then they have to sue the servient estate not you.

    Consult a local attorney for the best way to proceed.

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