Milford, PA asked in Land Use & Zoning and Real Estate Law for Pennsylvania

Q: Driveway easement

Purchased a home in Pa came back with clean title with no easement for shared driveway the new owner of the house next door came over and told me that it is a shared driveway and I told her no that I own it now she want to file an easement to use my driveway what can I do to stop them from using it

2 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
  • Allentown, PA
  • Licensed in Pennsylvania

A: This is a problem to be resolved through the title company you used when you bought the house. There are multiple possible answers:

1. Your title company made a mistake;

2. You made a mistake and mis-read your policy;

3. Your neighbor made a mistake;

4. The driveway is “visible upon the ground” as a common driveway, which is ordinarily an exception in a title policy, but not specifically listed as such beyond a basic reference to “easements visible upon the ground.”

If the title company made a mistake, they will likely owe you damages. If you or your neighbor is mistaken, the mistaken person will have to live with it. If the visible exception is applicable, you may well be stuck, but would have to consult a lawyer.

1 user found this answer helpful

Anthony M. Avery
Anthony M. Avery
  • Real Estate Law Lawyer
  • Knoxville, TN

A: Go ahead and hire a competent attorney to conduct a title search. An attorney represents you, a title company does not represent anybody. This way you will know the record title, and will be prepared if you are sued for an injunction/declaratory judgment. An easement by prescription may exist, and you will lose then.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.