Philadelphia, PA asked in Real Estate Law for Pennsylvania

Q: I have a question regarding easement use across my property by my neighbors.

My property has a narrow alleyway beside my house, which leads from the back of my neighbor's house to the street I live on. Their home and front door are on a street parallel to mine. Their deed states they have use of the alley; my deed does not. I didn't see their deed prior to purchasing my house, and it was my understanding that the alley was indeed mine. My deed says nothing about utilization by others. My neighbors now want keys to alley door and to use it as they like. Where we live the houses are quite old, and these alleys were built as secondary exits in case of emergency. I of course have no problem with them using as such if needed, or to bring in items that won't go thru their front door. They do not need a key to open the door from the inside. The previous owners never asked for the key and did not use the alley except to bring in construction materials. New owners rent it out and want keys for themselves and tenants. Am I obligated to do so?

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

A: The only way that your neighbor could have gotten an easement would be by way of a deed of easement from a prior owner of your property. That likely would not be shown specifically in the deed that you got. However, if you purchased title insurance when you bought your property, it would be referenced in Schedule B of the title policy. If it isn’t, your title company has a problem. If it is referenced, you need to go back to the title company and ask them this question. If you did not purchase title insurance when you bought your property, you need to hire a title company to do at least a partial search to locate the grant of easement in your title chain.

If the easement came from your property, you do own the land. However, if your neighbor’s predecessor was given the exclusive right to use it, you likely do not have the right to use it. In either event, if the neighbor has a valid easement, the neighbor is probably entitled to a gate key. However, the title company will have to answer that question. Another important question is who has the obligation to maintain the easement. The title company should also be able to tell you that.

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