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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Right-of-Way Rules

    There is a right-of-way through my property to a parcel of land which would be landlocked otherwise. Does the owner of the land-locked property have the right to dig up this right of way for any reason, we suspect he is running utilities, limiting my ability to use this right-of-way as well or is that what a right-of-way is for. Thank you, from Pennsylvania.

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Right-of-Way Rules

    It would depend upon the purpose of the easement(ROW) and the language. If the easement doesn't have definite restriction as to purpose, he would generally be entitled to use it for underground utilities as well as ingress/egress. Note that he may also be digging/grading for driveway purposes, and this is often done simultaneously with utility excavation.

    With landlocked lots this is quite common, and I'd have to warn you that even if the easement doesn't provide for utility use a court might well rule that given that the lot is landlocked the use of the easement for utilities would be allowed. Local courts especially don't rule in a vacuum, they tend to be places of common sense, and allowing an owner to bury electric and other utilities in an easement would probably be decided to the benefit of the landlocked lot.

    Provided the construction doesn't overly burden your rights of use to this ROW(if any exist), your temporary inconvenience during construction isn't likely to be a issue on which you prevail.

    Is this your driveway as well?

    But as always, talk to a local attorney if you feel you're being damaged or the use is prohibited.

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