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perscriptive easements

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jerzee

Junior Member
:mad: What is the name of your state? PA

My mom owns property that shares a driveway between her house and a field and allows public access to a cemetary. She has used the driveway with permission of the owners of the field for about 6 years. Now they are harrassing her and gating the driveway which essentially has her locked onto her own property. When the land was sold by the bank (it was taken for non-payment of property taxes from a previous owner who the owned land on both sides of the road), they did not specify who had rights to use/block/access the road. For the entire time before the bank took the property and up to approximately 3 months ago the road was used by residents of the house and the general public for 4 wheeling and access to the cemetary. Only recently did they decide to block access to only residents of the house bordering the access road. The road is the only access to the house without tearing down a fence and some trees that border the road in order to build a new driveway to my moms house. If they were forced to do this, there would be 2 roads side by side. However, due to them granting my mom access to use the road in the past which was expressed to her that she would have unlimited access to it for as long as they owned the property, I believe she has grounds to a prescriptive easement. I would like to know if there are any other laws etc that she would need to be made aware of for this situation to be resolved?

PS They are also harrassing my mom and anyone who visits her house including children that range in age from 3 - 11 years old. The state police have threatened to arrest my mom for harrasment. Which interestingly enough, the people who are harrassing her live about a 1/4 mile up the road and my mom (nor anyone who visits her residence or works for her) has ever gone to their house. Every instance of harrassment has been instigated by the other party and they have gone as far as almost running her over with a 4 wheeler that they drove onto her side of the road on her property. They have endangered the welfare of children (mine), called the SPCA with bogus claims of animals being starved (twice), contacted either the DEP or EPA for claims of "dumping" something illegally, and the state police consistently for any reason they can dream up. Everytime each agency has investigated their claims they have found them to be false.
 



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