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
Answered
  • 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
PREMIUM
Answered
  • 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.

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