Re: mending fences

Posted by PEMartin PA on April 18, 2004 at 16:08:05 from (4.155.126.139):

In Reply to: mending fences posted by Farmer in the Dells (WI) on April 18, 2004 at 09:54:51:

I have a 500 ft right of way(road)through my neighbors property to my property/house which otherwise would be landlocked. The right of way is listed on MY DEED and describes where it starts and how wide it is. IT IS NOT MENTIONED ON HIS DEED. In addition, the right of way agreement is registered separately from my deed with our county and it gives the fine details of that agreement. I maintain the road.

As I understand it, I, as the present right of way owner, am the one who controls the access and determines who can travel over the road and when, not the property owner. I am, as the present owner of the right of way, the only one who can put a gate across the road, not the property owner. I believe that I could even prevent the property owner from using the right of way to reach portions of his property because he supposidly already has access to all of his property through his adjacent acreage.

Imagine if it were not so and the property owner could put locked gates and other inconveniences across my right of way just because he didn't like the kind of car I drive. Or think if the property owner could start building condo's and using my right of way for access to them. I don't think so!

It is up to the property owner to know about easements and rights of way through his property and if you are buying property, you should ask. Easements and rights of way should be shown on a survey map of the land. Rights of way transfer with the property when a property with a right of way to it is sold. My right of way is dated August 21, 1945

Rights of way can be dissolved only when it can be shown that it is no longer needed. It's very confusing, but there should be a legal agreement registered somewhere. Deeds and other property info are public record documents and that info should be available to anyone. If it is not registered with your local government, it probably isn't worth much and may not really exist. There usually is an exception if an access has been used openly for so many years. In PA it's 21 years before it becomes legit. But that's another can of worms.

If you wish to email take (remove) from my email address.

PEM

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