Daniel Williams
Junior Member
What is the name of your state? Pennsylvania
My father developed a trout hatchery which was established as a c corp. The hatchery is landlocked from street access and an easement was deeded at origination for right of way to street access with adjacent landlord of the time and the c corp. The right of way has been used for business purposes of the trout hatchery for the past 35 years with use of public entrance to the hatchery. We are currently faced with a landowner who is threatening to block access through this right of way stating this was a "private" easement, not to be used for public use. The deed does not distinguish public or private easement. If such landowner was to impair our ability to function as an operable business, would we have action for civil suit for loss of business revenue due to his actions.
Daniel
My father developed a trout hatchery which was established as a c corp. The hatchery is landlocked from street access and an easement was deeded at origination for right of way to street access with adjacent landlord of the time and the c corp. The right of way has been used for business purposes of the trout hatchery for the past 35 years with use of public entrance to the hatchery. We are currently faced with a landowner who is threatening to block access through this right of way stating this was a "private" easement, not to be used for public use. The deed does not distinguish public or private easement. If such landowner was to impair our ability to function as an operable business, would we have action for civil suit for loss of business revenue due to his actions.
Daniel