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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.
Easements don't expire over time, so there isn't much a property owner could legally do to keep you from using this piece of land. If they've chosen to do so, however, it might be best to let an attorney deal with it. Your case may have to be taken to court if the property owner refuses to remove the easement blockage.
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 may also be acquired by ?prescription.? An easement by prescription (also known as a ?prescriptive easement?) arises from the continuous, notorious, adverse use of a driveway, or similar path across another's land for a period of twenty-one years.
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.
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 ...
A right of way can be abandoned in whole or in part. There is no obligation on a party to exercise his right of way. Failing to use an easement or right of way is not of itself sufficient to imply a release and abandonment will not be inferred.