Full question:
If a gas company untizes us with an adjoining landowner and the well site is on the neighbors land, does that give the Co. the right to cross our property to get to the well site - or do they still have to obtain our permission to cross our ground?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Pennsylvania
Answer:
The answer depends on the specifics of any existing easement or license and the ownership of the properties involved. Generally, only the owner of a property can grant an easement to cross their land. If the owner of the neighboring property (where the well site is) does not also own your property, they cannot grant permission for the gas company to cross your land.
An easement is a legal right to use someone else's land for a specific purpose. There are different types of easements, including:
- Appurtenant easements: These are tied to the land and transfer with property ownership.
- Easements in gross: These are personal rights that do not transfer with property ownership.
To create an easement, certain conditions must be met, such as the properties being adjacent and owned by different parties. If an easement exists, the holder has the right to maintain it unless otherwise agreed.
In some cases, an easement by necessity may arise, particularly if one property is landlocked and requires access through another. However, this is typically only granted when absolutely necessary.
For any crossing of your property, the gas company would generally need your permission unless a legal easement exists. If you have concerns about unauthorized access, it may be beneficial to consult with a legal professional.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.