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Question: Real Estate - Pennsylvania

Asked on 8/6/2009
if a non owner maintains a right of way, can they make decisions as to who can use the right of way. They are not the owner, just the user.
my parents allow a family to use a piece of property (owned by my parents) to gain access to their driveway. The family "maintains" the right of way by putting down gravel. Another neighbor would like to use the right of way to gain access to their yard. Who is the decision maker regarding the use of the right of way?

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Answers (2):

AttorneyPages has verified that this person is an attorney.

By allowing the family to use the right-of-way, your parents have granted them an easement.  Generally, it is the easement owner (in this case the family) who has the right to determine who uses the easement.



  • Answered on 8/7/2009
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AttorneyPages has verified that this person is an attorney.

In order to answer your question, the exact terms of the agreement that your parents entered into need to be known and understood, there is not one answer, the terms control who is the decision-maker. This may not even be an easement, it could be a license. This is much to serious to be guessing about, you need to have an attorney review the agreement.



  • Answered on 8/7/2009
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