Pennsylvania Easement and Agreement for Highway Purposes
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FAQ
Who owns and maintains an easement? The Property Owner continues to own the land and has only given up defined rights on the portion of land used for the easement. Maintenance of the property within the easement is the responsibility of the Property Owner.
With the exception of on-lot sewer laterals, utilities shall be located either within the public right-of-way or in easements centered on or adjacent to front, rear or side lot lines. No structures or trees shall be placed within such easements. Such easements shall be minimum of 20 feet in width.
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.
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.
The PRA amendment?signed into law on October 7, 2021, and made effective on December 6, 2021?addresses the challenges of properties on private roads without maintenance agreements by imposing a statutory minimum maintenance agreement for all properties on private roads.
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 ...
Generally, a width of 30 feet is fairly common.
