Re: Adverse possession in Pennsylvanina

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Let the attorneys hash this road use thing out, whats the deal?,
why don't want the guy using the road? Why do you want to cut
off this guys access to the road? Is he a bad person or
neighbor? Are you acting in bad faith or is there a legitimate
reason why you don't want him to use the road? You don't mention
your reason why you don't want him using the road, does he want
you to pay for the grading? You say you already have a lawyer,
continue consulting with the lawyer. Be a good neighbor and act
in good faith, God will bless you for it.

On 6/05/09, hmmmmm wrote:
> On 6/05/09, Gerald wrote:
>> We have a plot of land that has a road bordering an
>> adjacent property owner. The road belongs to us, and the
>> adjacent property owner has a "deeded" access to his
>> property on the other side.
>>
>> Throughout the years, the adjacent property owner has used
>> our road as a means of convenience rather than necessity.
>>
>> The property owner periodically grades the road, though we
>> have on many occasions stated that he may not do this.
>> (Though it's hard to argue with a guy driving a large piece
>> of machinery.)
>>
>> There are now attorneys involved and his attorney is
>> claiming adverse possession.
>>
>> Can this be correct considering the neighbor does not need
>> to use the road to access his property?
>>
>> We were told that if we block access to the road, the
>> neighbor could file an injunction. Thoughts?
>
> You need to determine if the easement is recorded and find
> out who granted the easement and for what purpose. If your
> neighbor has a valid easement properly recorded the issue of
> necessity is moot. Necessity is a separate issue from a
> recorded easement that was granted by a prior owner of your
> property.
>
> As for adverse possession, if the easement is recorded his
> use of the property was not adverse it was permissive. No
> adverse possession follows from permissive use of property.
>
> As for grading the road, if he does have a valid easement
> for use of the road, he has the right to maintain the road
> as necessary for his use. He may not widen the road or
> probably not even pave it or spread gravel if none is
> absolutely necessary for use of the road. He must
> compensate you for any damage to your property caused by
> maintaining the easement. Say for example you have a nice
> flower bed planted along the road and he runs over your
> flowers when he grades the road. Hi owes you for the damage
> to your flowers.
>
> Finally, if he has a valid easement you may not block the
> road.