Pennsylvania Easement for Access to Property

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US-00495
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This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

Pennsylvania Easement for Access to Property is a legal right granted to individuals or entities to access a property owned by another party. It allows the easement holder to cross or use a specific portion of someone else's land for a particular purpose, such as reaching a landlocked property, maintaining infrastructure, or accessing utility services. Easements for access ensure that property owners have adequate means to enter and exit their land, even if it requires passing through another person's property. There are different types of easements for access recognized in Pennsylvania, including: 1. Public Easement for Access: This type of easement grants the public access to specific areas of private property for recreational purposes, such as walking trails, fishing spots, or public parks. The property owner still retains ownership but must allow public access. 2. Private Easement for Access: A private easement for access is a legally binding agreement between a property owner and another party or parties, typically neighboring properties. This type of easement allows specific individuals or entities to cross or use a specific portion of the land for a defined purpose. It is usually negotiated through a written legal agreement. 3. Easement by Necessity: An easement by necessity may be granted when a property is landlocked, meaning it has no direct access to a public road or thoroughfare. In such cases, the landowner may seek an easement by necessity to obtain a right-of-way over neighboring properties to access their land. 4. Right-of-Way Easement: A right-of-way easement allows one party to access a property by passing through a specific area or strip of land owned by another party. These easements are essential for utilities and infrastructure projects, such as roads, power lines, or pipelines, to cross private properties without causing major disruptions. 5. Easement by Prescription: An easement by prescription may be acquired if someone continuously and openly uses another property for a specific period without the landowner's permission. If the use occurs for the statutory period (typically 21 years in Pennsylvania), it may create a legal right for the user to continue accessing the property. It is crucial to consult with a qualified attorney or legal professional to understand the specific laws and regulations surrounding easements for access in Pennsylvania.

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FAQ

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

An easement is generally defined as an intangible, or non-possessory right to use another's land for a precise and definite purpose not inconsistent with the other's simultaneous right to use the same property, or, in language only a lawyer could love, an ?incorporeal hereditament.? Typically, a Pennsylvania easement ...

An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.

Right-of-way includes the easement or land purchased by PennDOT on which a highway is built, as well as shoulder or berm, plus any additional area needed for highway purposes. While it is often 33 feet wide, it may be much wider (120 feet or more in some cases), since it extends beyond the paved road and shoulders.

Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.

In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.

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The Pennsylvania Statute of Frauds generally requires that any transfer of an interest in real estate, including the grant of an easement, is not binding unless ... Enter the Property to remove any barrier to the access provided under this Agreement and do such other things as are reasonably necessary to protect and ...Easements are irrevocable as opposed to licenses which permit a licensee to use the land, but may be revoked at any time. While similar in nature and in ... Specify parties and property. Begin entering the names of both parties. You don't have to repeat these names further in the document. It is enough to mention ... Nov 11, 2022 — The Pennsylvania Superior Court provided guidance on what constitutes an easement by necessity in the case of Olszewski v. Parry. All rights-of-way easements are notarized and recorded at the appropriate county recorder of deeds office. Members who are installing a new electrical service ... Mar 16, 2018 — First, an easement of necessity arises when someone needs to cross your land consistently for a lawful reason. Such as if the only access your ... A right of way easement can grant you access to your property when it's not accessible without crossing over property held by someone else. Oct 25, 2022 — If property ownership is transferred through sale or other legal methods, a new easement agreement must be made. Easements appurtenant are ... Oct 25, 2022 — ... property to cross Smith's land to access the forest. The easement becomes a part of the deed for both properties. Smith could grant an ...

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Pennsylvania Easement for Access to Property