Full question:
I own a 6 acre lot in PA, that is the second to last lot on a mountain dirt road. There was one more 7 acre lot beyond mine which was supposed to be a common area on which the road terminated as a cul-de-sac. When the developer tried to transfer the property to the owners association, they refused to accept possession of it because they didn't want to be burdened with the property taxes. As a result, the developer put the lot on the market and sold it as another private lot. I purchased the lot and had both lots combined into one deed. Would any easement across my first property be extinguished now that I own both properties (Unity of Seine), and do I have the right to gate off access to my property, providing I construct a new turn around area for motor vehicles?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Pennsylvania
Answer:
The answer depends on several factors, including any existing road use or maintenance agreements, whether anyone has established a prescriptive easement, and if the gate will block access to other properties. Generally, an easement may be extinguished if the ownership of the easement and the land it crosses merge into one owner, a principle known as Unity of Seisin.
Easements are legal rights allowing one party to use another's land for a specific purpose. They can be created through a deed, continuous use, or necessity. Once created, the easement owner typically has the right to maintain it unless otherwise agreed.
To terminate an easement, certain conditions must change, such as:
- The purpose of the easement no longer exists.
- Ownership of the easement and the land merge.
- The landowner releases the easement.
- The easement is abandoned or not used for a statutory period.
- Adverse possession occurs.
- A court judgment is issued.
- Misuse of the easement happens.
In your case, if you own both lots, any easement that existed may be extinguished. However, if the easement serves another property, you may need to consider their access rights before gating your property, even if you build a new turnaround area. Consulting a local attorney for advice tailored to your specific situation is advisable.
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.