Pennsylvania Easements, Encroachments & Rights of WayNovember 11, 2012
Easements, encroachments and rights of way can cause a serious breach to the peace of a neighborhood. Let’s take a look at what these terms mean.
- An easement is a legal right to use another person’s property for a stated purpose.
- Easements are often referred to as rights of way, but there are subtle differences. A right of way is a type of easement that occurs by usage when one party passes through another person’s property.
- Encroachments, on the other hand, are an unwelcome intrusion on another person’s property, although they are often unintentional or the result of unclear property boundaries.
What kind of problems can these activities cause between neighbors in Pennsylvania?
Easements, rights of way and encroachments all have the potential to create a variety of legal disputes over real estate. In some cases, when there is a pre-existing dispute over the use of land, an attorney may be able to negotiate an easement agreement to resolve the dispute. But in other cases, an already existing easement may be the source of controversy, such as when an easement is being misused or wrongfully expanded.