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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Right of Way in Pennsylvania

    My property is 5.2 acres in which I share a 400-500 ft stone road with four other neighbors.


    1. Who owns the right of way? Everyone or the owner of that piece of property that the right of way runs through?

    2. If trees are removed for financial gain or the right of way is modified from the area within the 50 foot right of way who is compensated or liable? All member of the property that join that section or ???

    3. Within that 50 foot right of way what can and can’t be done without the other parties consent?

    Any help or advise appreciated.

    John

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Right of Way in Pennsylvania

    Without the wording of the grant it is impossible to say.

    You will need to find the deeds and plats which define the grant.

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Right of Way in Pennsylvania

    Generally, the land remains the property of the Grantor (owner). An easement only allows the user (Grantee) the right to pass from point A to point B within the confines of the easement. The easement should have been conveyed and or recorded in the court house and will describe the parameters of the easement. The easement is attached to the neighbors property making neighbor the dominant tenement and you the servient tenement. Again, generally, the dominant tenement is required to maintain the easement; snow plowing, etc. However, the language in the easement should specify these things---hopefully.

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