Tunkhannock, PA asked in Real Estate Law and Agricultural Law for Pennsylvania

Q: How can you determine if a Right-of-Way is "express" or "by necessity?"

We bought a house, there was a farm lane designated as right-of-way to another parcel owned by the sellers. When they sold the land, they sold the back parcel separately, this parcel had a deed mentioning the right of way but no other details other than it is 50 feet.

The new owner of the back parcel drives through our hay field (right-of-way) to access his camper, rather than using the graveled lane that is completely on his his property. His property is not land-locked, and he has another cleared access connecting directly with the county road. He doesn't want to use his gravel driveway, he wants to drive through the right-of-way through our hayfield. If he used his own gravel driveway access, it would be a farther walk to his camper. We considered keeping cattle, but with this person going in and out of the pasture I find it too scary to trust him to keep gates closed. I want to know how to determine if this right-of-way is express, or by necessity?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Express Easements are encumbrances granted in a Deed of Easement, in the legal description of the servient tenement's Deed or its chain of title. Easement of Necessity arise by landlocked parcels and tracts. It appears the subject Easement also exists by Prescription. If you block the right of way, the adjoining owner will probably successfully sue you or your successors.

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