What is the name of your state?
Pennsylvania
My property has an easement granted to my neighbor. It states that the purpose is for access, grantors make no warranty of title, the grantee must repair & maintain the easement for the intended use, and it must be maintained in an unsightly manner. Nowhere does it say it is exclusive. Originally the easement was written to add exclusions such as no commercial use, no parking cars & no buildings allowed on the easement. Then years later, the easement was amended to remove those original exclusions. My neighbor has installed 15 signs (no trespass, keep out, stop signs are in one area near the road) & bushes/decorative rocks on the easement. His attorney says that he has successfully argued in other cases that a right to install signs is a necessary part of an easement & my neighbor says he can use the easement in any way he needs.
My biggest concerns are:
- the 15 signs (including 4 stop signs) are very unsightly in my opinion (which is an easement violation)
- the signs could damage the trees
- the signs could reduce the timber value
- with his signs, he is exerting some right to exclude others, whereas I as the owner feel that I should allow whoever I want to use the driveway without fear of him calling the police regarding a tresspass
- I am concerned that the easement holder could potentially try an adverse possession claim, because from my understanding posting a property is a sign of possession and is a hostile act.
- he is treating the easement like it is his own property and is very possessive of his activities. He claims he can do anything he wants on this easement.
Is there Pennsylvania case law that can be used to defend me that asserts what are allowable activities on a non-exclusive easement created for access?
Additionally, part of his driveway is beyond the easement and is directly on my property and he mows and as a mulch bed as well directly on my property outside the easement. I know this is a trespass and I will have no issue resolving this. Pennsylvania requires 21 years for someone to take property by adverse possession and it has only been about 14 years. But my main concerns that I need advice on are the rights he is exerting on the easement noted above.
Pennsylvania
My property has an easement granted to my neighbor. It states that the purpose is for access, grantors make no warranty of title, the grantee must repair & maintain the easement for the intended use, and it must be maintained in an unsightly manner. Nowhere does it say it is exclusive. Originally the easement was written to add exclusions such as no commercial use, no parking cars & no buildings allowed on the easement. Then years later, the easement was amended to remove those original exclusions. My neighbor has installed 15 signs (no trespass, keep out, stop signs are in one area near the road) & bushes/decorative rocks on the easement. His attorney says that he has successfully argued in other cases that a right to install signs is a necessary part of an easement & my neighbor says he can use the easement in any way he needs.
My biggest concerns are:
- the 15 signs (including 4 stop signs) are very unsightly in my opinion (which is an easement violation)
- the signs could damage the trees
- the signs could reduce the timber value
- with his signs, he is exerting some right to exclude others, whereas I as the owner feel that I should allow whoever I want to use the driveway without fear of him calling the police regarding a tresspass
- I am concerned that the easement holder could potentially try an adverse possession claim, because from my understanding posting a property is a sign of possession and is a hostile act.
- he is treating the easement like it is his own property and is very possessive of his activities. He claims he can do anything he wants on this easement.
Is there Pennsylvania case law that can be used to defend me that asserts what are allowable activities on a non-exclusive easement created for access?
Additionally, part of his driveway is beyond the easement and is directly on my property and he mows and as a mulch bed as well directly on my property outside the easement. I know this is a trespass and I will have no issue resolving this. Pennsylvania requires 21 years for someone to take property by adverse possession and it has only been about 14 years. But my main concerns that I need advice on are the rights he is exerting on the easement noted above.
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