Does the neighbor have rights to pass through my property if his parcel is not landlocked?

UPDATED: Jan 10, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 10, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does the neighbor have rights to pass through my property if his parcel is not landlocked?

My wife and I recently purchased a home built over 100 years ago. My neighbor recently told me that he had a right of passage through the middle of my property so that he could wash his car in his back yard. My neighbor’s home is not landlocked and has a street front. He does not have a garage or driveway on his property. My deed does state that there was an alley at the time the deed was written. I followed-up with the city and they told me there had been an unopened alley on my property but the city had abandoned its development more than 21 years ago. They told me the property is mine. Does the neighbor have rights to pass through my property?

Asked on January 10, 2012 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, no, the neighbor would not have the right to pass through your property; he would only be able to do so if an easement existed, which granted him (or anyone owning the home; easements generally go with the property, not the individual that right), or if an easement was necessary--e.g. for a landlocked property. (The law can create easements, even where one was not actually granted or created previously, when they are necessary.) An easement would show on a title search and must be recorded to be effective, so if had a title search done (presumably) when you purchased the property and no easement was found, and if also his propety is not landlocked, then it should be the case that he has no right to pass over your property without your permission.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption