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Can Right of the Way Easement be Limit in Distance?

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GunGun

Junior Member
Can Right of the Way Easement be Limited in Distance?

What is the name of your state (only U.S. law)? I'm in Pennsylvania.

Recently purchase a property, 30 acres. In the middle, I mean, really in the middle, of my property is 2 acres parcel of land with a house. The owner is a foreigner, who bought this place about 5 years ago, left and never visited since. I believe the lady currently staying there is a looter. She is a crazy women, doesn't have a car, lives there for free, and doesn't pay anything and giving me a lot problems. The house is on tax sale, but got take off the listing last minute. She doesn't have a garbage cleaning service, and just pile them up at the back of woods.

Anyway, the lady stays there has to use my drive way to get to the house. The drive way is about 220 feet long across my property to get to her driveway. When I recently read the deed for that land, it only specified 113 feet.

See quote from deed below
" There is also granted to the grantees herein, their heirs and assigns, in common with the grantors, their heirs and assigns, over and across an existing driveway which passes through remaining lands of grantors being approximately twelve (12) feet in width and extending in a northeasterly direction to a point approximately one hundred thirteen (113) feet north of the northerly side of a private road leading from lands of the grantors herein to Pennsylvania highway #390, at which point said driveway extends in a northwesterly direction to the tract being conveyed herein. "

So, the 1st question is, is there a limit in distance of the right of way easement? The driveway she uses to get to the house is 220 feet, the deed says 113 feet, can I re-purpose/block the remaining 100 feet of driveway?

2nd question, since the owner is completely out of the country since the purchase. The lady who stays there doesn't have legal right to be there. If I re-purpose the driveway, does she has legal authority to bring a law suit against me, or the owner has to do that.

See area picture attached

[url]https://drive.google.com/open?id=1nAUCIeMdu0HCbJO-2Z8TN8BiEllZSrE5 [/url]
 
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justalayman

Senior Member
You’re misreading the description. It doesn’t say the easement is 113 feet long. It speaks to the 113 feet being used to locate a point.

extending in a northeasterly direction to a point approximately on hundred thirteen (113) feet north of the northerly side of a private road leading from lands of the grantors herein to Pennsylvania highway #390, at which point said driveway extends in a northwesterly direction to the tract being conveyed herein. "
I don’t have the means or information to locate that point but it is referring to a single point. From that point it extends to the dominant tenement without describing how long the easement is.

Besides, did you really think you could cut off access to that property?

And how do you know she has no legal right to be on that land? Have you asked her?
 

GunGun

Junior Member
You’re misreading the description. It doesn’t say the easement is 113 feet long. It speaks to the 113 feet being used to locate a point.

I don’t have the means or information to locate that point but it is referring to a single point. From that point it extends to the dominant tenement without describing how long the easement is.

Besides, did you really think you could cut off access to that property?


And how do you know she has no legal right to be on that land? Have you asked her?
- Thank you for pointing it out. I was pretty confused about that description and couldn't decide if it's a single point or length.

- No, I'm just think about it, and see if there is any possibility.

- I guessed. The house was on tax sale. Talked with another neighbor, mentioned it to me that the owner is out of country for many years.

Thanks again.
 

HRZ

Senior Member
OP...on what basis do you say her occupancy is Illegal? MIght matter.


GEnerally,speaking an occupied building is required to have trash service ...and the local codes officer might respond to a factual complaint . ( Im aware yes it sometimes happens in Monroe Co.)

THat is not a public easement ...the prior owner of your lands apparently granted it to the owner next door and thier heirs or assigns ....exactly what status is your neighbor ?
 

Just Blue

Senior Member
OP...on what basis do you say her occupancy is Illegal? MIght matter.


GEnerally,speaking an occupied building is required to have trash service ...and the local codes officer might respond to a factual complaint . ( Im aware yes it sometimes happens in Monroe Co.)

THat is not a public easement ...the prior owner of your lands apparently granted it to the owner next door and thier heirs or assigns ....exactly what status is your neighbor ?
Did you read HRZ? He said it was a guess. So he has ZERO basis for the woman being there illegally. Just wild speculation.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? I'm in Pennsylvania.

Recently purchase a property, 30 acres. In the middle, I mean, really in the middle, of my property is 2 acres parcel of land with a house. The owner is a foreigner, who bought this place about 5 years ago, left and never visited since. I believe the lady currently staying there is a looter. She is a crazy women, doesn't have a car, lives there for free, and doesn't pay anything and giving me a lot problems. The house is on tax sale, but got take off the listing last minute. She doesn't have a garbage cleaning service, and just pile them up at the back of woods.

Anyway, the lady stays there has to use my drive way to get to the house. The drive way is about 220 feet long across my property to get to her driveway. When I recently read the deed for that land, it only specified 113 feet.

See quote from deed below
" There is also granted to the grantees herein, their heirs and assigns, in common with the grantors, their heirs and assigns, over and across an existing driveway which passes through remaining lands of grantors being approximately twelve (12) feet in width and extending in a northeasterly direction to a point approximately one hundred thirteen (113) feet north of the northerly side of a private road leading from lands of the grantors herein to Pennsylvania highway #390, at which point said driveway extends in a northwesterly direction to the tract being conveyed herein. "

So, the 1st question is, is there a limit in distance of the right of way easement? The driveway she uses to get to the house is 220 feet, the deed says 113 feet, can I re-purpose/block the remaining 100 feet of driveway?

2nd question, since the owner is completely out of the country since the purchase. The lady who stays there doesn't have legal right to be there. If I re-purpose the driveway, does she has legal authority to bring a law suit against me, or the owner has to do that.

See area picture attached

[url]https://drive.google.com/open?id=1nAUCIeMdu0HCbJO-2Z8TN8BiEllZSrE5 [/url]
I think that the term you mean when referring to her is a squatter rather than a looter. I echo the previous suggestion that you call the county about the trash that is piling up.
 

HRZ

Senior Member
Yes I can read...which is why I asked OP to address the facts about the persons status .

OF equal technical interest might be just who has standing to enforce an easement IF OP were merely to block it off. ( I'm not suggesting he do this )
 

HRZ

Senior Member
Yes I can read...which is why I asked OP to address the facts about the persons status .

OF equal technical interest might be just who has standing to enforce an easement IF OP were merely to block it off. ( I'm not suggesting he do this..not yet )

Hundreds of properties go up for tax sale each year in Monroe Co...most get redeemed ...I simply don't know if the public records might identify who paid them.

OP ..you have a can of worms and few facts . I'd not rule out somebody seeking to gain ownership via " squatters rights " but that takes a relatively long time in PA, 21 years . BUt here is a technical point ...a squatter or trespasser may have ZERO rights to use the easement as worded ...but if you fail to block access from time to time and have good records of said interruption...the squatter/trespasser could well after 21 years of uninterrupted use be able to claim a prescriptive easement to use that roadway . Lots of debates in rural areas of PA over old pathways ...and you might be smart to get your facts sorted out sooner rather than later.
 

justalayman

Senior Member
Yes I can read...which is why I asked OP to address the facts about the persons status .

OF equal technical interest might be just who has standing to enforce an easement IF OP were merely to block it off. ( I'm not suggesting he do this..not yet )

Hundreds of properties go up for tax sale each year in Monroe Co...most get redeemed ...I simply don't know if the public records might identify who paid them.

OP ..you have a can of worms and few facts . I'd not rule out somebody seeking to gain ownership via " squatters rights " but that takes a relatively long time in PA, 21 years . BUt here is a technical point ...a squatter or trespasser may have ZERO rights to use the easement as worded ...but if you fail to block access from time to time and have good records of said interruption...the squatter/trespasser could well after 21 years of uninterrupted use be able to claim a prescriptive easement to use that roadway . Lots of debates in rural areas of PA over old pathways ...and you might be smart to get your facts sorted out sooner rather than later.

Monroe county? Which state?

Generally a person possessing property will be considered to have rights to do so unless the owner registers an objection. In other words; if this woman says the owner granted her permission to live there, the op nor the state has the right to demand proof. If the owner objects they can register that objection with the authorities or seem to remove the person through the use of the courts. The police do not have the authority to unilaterally determine whether a persons presence on a property is authorized or not.

In short; She does not have to prove her right to be on the property but simply claim she has such a right. The onus to prove trepassing would be on the state. Without a complainant stating the occupant is trespassing the state cannot prove the claim ergo there would be no right to remove her from the premises.

Now if she admits to trespassing, that is a different situation but if she is a squatter, if she’s smart, you won’t get her removed unless the owner actually speaks up and says she is there without permission.
 

HRZ

Senior Member
not my point at all...the landowner granted the easement to the adjoining landowner sometime in the past ...the person seeking to use the easement must be the neighboring land owner an heir or an assign of same ...or at a bare minimum an invitee of same ?

IF somebody else thinks they have a right to pass via that easement ..then thier question should be directed to the dominate tenant?

THe OP is a bit short of facts as to person living there ...it could be the owners granddaughter who is there by permission for all we know ?

In my area a bit south of Monroe Co, a LL is required to license a rental and list the name of the occupants among other things..but I don't know the local rules in Monroe Co ...OP you dig if there are any local rules .
 

HRZ

Senior Member
it's PA ..and we follow a lot of old English law as to land use ...and my old English land use text was not much use either .
 

justalayman

Senior Member
not my point at all...the landowner granted the easement to the adjoining landowner sometime in the past ...the person seeking to use the easement must be the neighboring land owner an heir or an assign of same ...or at a bare minimum an invitee of same ?
You’re missing my point. Alll the occupant has to do is state they are there rightfully. That gives them the right to use the easement as the easement is appurtenant to the land and as such any rightful possessor of the land has the right to use the easement.
IF somebody else thinks they have a right to pass via that easement ..then thier question should be directed to the dominate tenant?
actually you are backwards here. If the occupant claims a right of possession any entity objecting to such a claim must prove their claim. The possessor does not have to prove their Claim of right to anybody unless they have standing to object. Being the servient tenant does not give standing to make such a demand. Servient tenant would have to prove the occupant has no right to be there. Unless op speaks with the owner of the property and they state the occupant has no right to be there, op cannot prove the claim.



In my area a bit south of Monroe Co, a LL is required to license a rental and list the name of the occupants among other things..but I don't know the local rules in Monroe Co ...OP you dig if there are any local rules .
who said anything about it being a rental?
 
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FarmerJ

Senior Member
So when she dumps garbage as you said out in the woods whose land is it she is dumping on ??? and when you called the county health department about her dumping garbage in the woods because it appears she doesn't have garbage service then what did they tell you ?
 

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