Question on Limiting Access

What is the name of your state? Pennsylvania

Hi all-

I have a serious question. I am having problems with a landowner, to which my ROW passes through. I currently have a very "old" ROW agreement that doesn't state a specific width to my access. My neighbor has recently placed telephone poles, 4 feet high on both sides of my driveway. the problem is that the posts are only 10 feet wide and it is inccreasingly difficult to remove snow and even drive throuh the posts.

Additionally, he doesn't want me to improve the road with stone or pavement. Currently, I cannot access my property (w/out 4wd) due to huge "ruts" that have formed via construction trucks.

What legal actions do I have for both issues? I have tried to reason with the guy, but there is no diplomacy in him.
Thank-you

Can Anybody ooffer their opinion?

Can I legally improve my ROW with pavement or stone so that I can access my property? He has threatened to call the cops when I have excavators there.

And can the landowner restrict the width of my ROW with posts and what recourse do I have to get them removed?

You received your answer in your other posting of this subject:
https://forum.freeadvice.com/showthread.php?t=289384

Yes- Thank you for reminding me.

My main question was the one dealing with the posts. My deeded ROW is very old and doesn't have a width specified.

What are the chances of getting this resolved and is it worth it. Currently, I have about 10.5 feet in width, based on the post spacing. Could I theoretically go to court and gain 20 feet?

Once again, sorry for the duplicate post, however I have some follow-up issues.

jjwillie25 said:

Yes- Thank you for reminding me.

My main question was the one dealing with the posts. My deeded ROW is very old and doesn't have a width specified.

What are the chances of getting this resolved and is it worth it. Currently, I have about 10.5 feet in width, based on the post spacing. Could I theoretically go to court and gain 20 feet?

Once again, sorry for the duplicate post, however I have some follow-up issues.

Click to expand...

as you were told in the other thread, the easement controls. If there is no width assignment or other specifications, then no, it's unlikely you can get it changed since you do have ingress/egress already.

As for the legality of the posts, it's his property and as long as he does not impeed your enjoyment of the easement, it's his to do with as he wishes.

BelizeBreeze
Thank you for you attentiveness on this matter. Let me state my case more clearly. It is in both of our deeds that I am allowed ingress/egress over his land.

I'm not sure if this is an easment or ROW, I don't know the correct terminology. However, I do know that I am constructing a house on this property and when finished, would like to grade the road so that it is passable. (Heavy construction trucks have significantly rutted the road).

How can he prevent me from improving the road when it is necessary to access my dwelling?