Easements in Pennsylvania: Types & Disputes
The right to use someone else's land — how easements are created and fought over.
What is an easement?
An easement is a legal right to use another person's land for a specific purpose without owning it — a driveway across a neighbor's lot, a utility line, or a shared access way. The land benefiting from the easement and the land burdened by it are tied together, often for the long term.
Common types of easements
- Express easement — created by a written, recorded agreement or deed;
- Easement by necessity — when a parcel would otherwise be landlocked;
- Easement by implication — inferred from how the properties were used; and
- Prescriptive easement — gained by long, open use over time.
Why easements lead to disputes
Fights arise over the scope of an easement, whether it still exists, and whether one owner is overburdening it. These disputes overlap with encroachments and boundary questions, and a current survey is often the key evidence.
How Nochumson P.C. helps
Nochumson P.C. drafts, interprets, and litigates easement rights for owners, developers, and neighbors. Contact us with an easement issue.
Related articles:
- Prescriptive Easements in Pennsylvania
- Property Encroachments: Rights & Remedies
- Resolving Boundary-Line Disputes in Pennsylvania
- Land Surveys in Real Estate Transactions
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