Gettysburg, PA asked in Real Estate Law for Pennsylvania

Q: +JMJ+ Do I have access to my property which is on a private road and the road goes through 8 properties before mine if

...the second property's deed says "The road leading into and past the tract herein conveyed is subject to use by grantees, their heirs, assigns and of the general public" but 6 of the properties don't mention anything about the road and the 8th property's deed says "together with all rights-of-ways or easements ... including the right-of-way running from said real estate ... over (the private road I'm talking about) to the (township road)"? Thank you!

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: You are going to need a competent attorney to conduct several title searches to see if any of the properties are encumbered or benefited by an express easement. You may have an easement by prescription only, or not at all. And it sounds like the "8th" property only recites being a dominant tenement, not being encumbered by a row, which might be worthless, especially to your property. In any event a declaratory judgment action may be necessary if you are encountering access problems.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: Hopefully the title search will show that the owner of the entire area where the 8 tracts are now at can be construed as reserving easements by implication. Sometimes this type of row is also generated by necessity.

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