PA Private Property Easement Law

[Pearhead77]

My neighbor is parking her car on the easement on our property. Although the car does not prevent me from passing into my driveway, I feel that she should not be parking there. I have asked her to stop parking there, but she continues to do so.

My reasons are these: 1) Her car may obstruct emergency vehicles from accessing our property 2) I do not want to be held responsible for any damage that may occur to her vehicle while it is parked there.

Does anyone have advice for me? I don't want to spend a lot of money to have this issue resolved.

 

[jrkgfence]

I am having the same issue. The driveway is considered a private easement there for the zoning nor fire marshall can tell him not to park and narrow my entrance and exit Im on the end of a dead end. Have you found any helpful information Since your post?

 

[army judge]

I am having the same issue. The driveway is considered a private easement there for the zoning nor fire marshall can tell him not to park and narrow my entrance and exit Im on the end of a dead end. Have you found any helpful information Since your post?

Most easements don't give you possessory or property rights.

Easements allow ingress and egress over land onto land you own.

You are not responsible for damage done to the property of trespassers who use your easement.

If you believe someone is blocking your use of the easement, the resolution is sought on civil court.

Only the owner of the property over which your easement passes can charge trespassers and interlopers for violating his or her property interests and rights!

 

[PAParker]

I recently purchased a row home in PA which is part of a 4 home development. The four homes share a gated parking area with each home having 2 parking spots. I live in the end unit and occasionally park 3 or 4 cars which does not block entry into the parking spaces of the other 3 homes. My neighbor informed me that I am parking in an easement and that if I don't stop he is going to have his lawyer file an injunction. The developer who sold me the house never showed me a copy of the easement when selling me the house and when the house was showed to me, he told me that I could park as many cars as could fit on my property which is one of the reasons I bought the house. I have a couple of questions.

1. How difficult is it to have an easement changed? The easement on my property does not affect the other 3 houses parking situation, the neighbor just spites me.

2. If I am unable to park as I was led to believe, what is my recourse against the developer?

3. What will happen if I keep on parking in easement and the neighbor has an injunction filed?

 

[army judge]

Easements can be difficult to change. You start by discussing your situation with a lawyer in your area. Be prepared to shell out money and wait for the case to progress.

If you violate an injunction, you'll eventually be fined or jailed. Keep violating it, you will be jailed. The fines will increase. Not smart, don't do it.

I suggest you contact a lawyer to discuss this matter, ASAP. You might have recourse against the developer. It depends what your purchase contract and deed reveal. See a lawyer.