Saint Marys, PA asked in Real Estate Law for Pennsylvania

Q: Does an signed easement agreement have to be executed?

A sewer line extension in the house my son lives in runs across a neighbor's property. Both my son's house/property and the neighbor's house/property have changed owners since the a written and signed permit was issued 38 years ago that permitted this sewer line extension to cross the property that is currently owned by this neighbor who does not want this sewer line extension on his property. He has retained a layer who says my son must no longer use this sewer line extension because the easement was not executed at the county courthouse. Does my son now have to reroute his sewer line which will require a lift pump to connect uphill to the only other main sewer line?

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: These are very complex issues and your son needs to consult a lawyer.

The first question is whether the agreement was a true easement that "runs with the land" or simply a license, that might not run with the land. The second question is whether the current owner bought the property with notice of the "easement." If this owner did not have notice, it would be a problem for you. A third question is whether your son acquired rights by "adverse possession."

The bottom line is that he needs legal counsel to explain and advise on these issues.

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