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Right of Way on Farmland

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Cynjan

Junior Member
What is the name of your state?undefinedWhat is the name of your state? PA :confused: In 1986 grandfather passed away and left his farmland (buildings long gone) to his son--my father--and grandfather's daughter-in-law. She was deeded so many acres of the farmland, and dad was deeded so many acres.

Grandfather had owned this farm since 1915. Over 40 years ago he had pushed out some trees in his woods to make a dirt roadway so that he could get the farm equipment to the back fields easier. It has been used by my dad and the family ever since. These woods now are owned by dad's sister-in-law, and his farmer uses the dirt road to go through them to get to Dad's fields so that he can work his crops.

Dad is getting ready to sell his property. His sister-in-law said it is HER right of way since it goes through her woods and that she will not let the new owner use it. Dad said if a right of way has been used for 20 or more years she cannot legally stop its use unless both parties involved would agree to that. He does not agree. She thinks Dad should use a part of his property where an old farm lane used to be (that disappeared many years ago). There is nothing in writing on either deed about any right of way because it was used only by the family.

Is the right of way only the sister-in-law's since she owns the woods? Or is Dad right in his thinking? Dad is now in a nursing home so I am trying to do my best to learn what's right on his behalf because both of them think they are right. Help!
 


Cynjan

Junior Member
Thank You Belizebreeze and HomeGuru

undefinedThis is my first time to use this site so I hope I'm answering you both correrctly. You both agree Dad is wrong in what he'd been told. HomeGuru, are you joking when you spoke of a "prescriptive easement" or is there really such a thing? The part about the 20 year usage was what he believed/was told by someone down the line before he ever was hit by the stroke. Thank you both for replying. :)
 

HomeGuru

Senior Member
Cynjan said:
undefinedThis is my first time to use this site so I hope I'm answering you both correrctly. You both agree Dad is wrong in what he'd been told. HomeGuru, are you joking when you spoke of a "prescriptive easement" or is there really such a thing? The part about the 20 year usage was what he believed/was told by someone down the line before he ever was hit by the stroke. Thank you both for replying. :)

**A: I was not kidding. Now I must leave and take my presciptive meds.
 

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