Legal Question in Real Estate Law in Pennsylvania

who has rights to a vacated township road

if a township road is vacated and is to be divided between 2 property owners does 1 of the owners have a right to claim the whole road if the division will indanger his property and family, because the division will cause him to loose the ability to maintain a flood prevention system?


Asked on 3/15/98, 6:06 pm

1 Answer from Attorneys

Christina Kallas Law Offices of Christina Kallas

Rights to vacated township road

Your question is very short on facts. I urge you to consult an attorney admitted to practice in your area, preferably one who practices in the area of real estate law.

Why is the town vacating ownership of the road? Who owned the road before the town? are there any easements relating to the road, or other agreements? When you bought the property you probably received a title report; what documents which are of record reference the road in any way? Is there a survey of the subdivision which shows the road?

If you need to maintain a "flood prevention system", why can't you persuade the owner of the adjacent property to allow you to do it? Do you need access to your neighbor's property in order to maintain the flood prevention system? Does your neighbor need to use the road in order toaccess his property?

Generally speaking, two adjacent property owners would enter into an easement agreement allowing each to have ingress and egress over the road to his/her property. The agreement, which would be recorded, would delegate rights and responsibilities to maintain and repair the road, and possibly discuss what happens if one landowner does not contribute to the costs.

Good luck.

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Answered on 3/19/98, 12:24 pm


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