What is the name of your state?undefinedWhat is the name of your state? PA 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!
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!