Legal Question in Real Estate Law in Pennsylvania

With property, once a "right of way" is signed between an owner and a business, is the right of way always good even if the ownership of the property changes hands?


Asked on 8/24/10, 7:55 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

It depends. For anything to continue to apply to a property, there are requirements that the rights not be personal to the owner of the right, but related to the continuing use of the land. Also, a right of way agreement, or easement, must be recorded in the land records, the same as deeds and mortgages are.

You should consult a real estate lawyer in your area to review the agreement and advise you about its nature and whether it continues to affect future owners or not.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/29/10, 8:50 am


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