Table of Contents
How do easements work in PA?
An easement is generally defined as an intangible or non-possessory right to use another’s land for a precise and definite purpose not inconsistent with the other’s simultaneous right to use the same property, or, in language only a lawyer could love, an “incorporeal hereditament.” Typically, a Pennsylvania easement is …
What is a water pipeline easement?
An easement grants a right for the owner of one property to do something on someone else’s property. There are several types of easements including the right to convey electricity, a right of way and the right to convey and drain water from one property to another.
Who is responsible for easement maintenance in Pennsylvania?
Maintenance. The duty to care for an easement belongs to the owner of the dominant estate. Thus, any costs of repair or maintenance related to the easement fall to the user of the easement, not to the owner of the servient estate.
What is a utility easement in Pennsylvania?
An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.
Can you build close to an easement?
Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes “substantial” or “material” interference.
Can you build over a stormwater line?
If your works involve building over water, wastewater and/or stormwater pipes, you will need to obtain prior approval from Watercare. Works on private land is classed as ether critical or non-critical. If the pipe is a local network gravity wastewater pipe less than 300 mm in diameter it is considered non-critical.
Do you have to give Neighbour access to my property?
Accessing your neighbour’s land – the law Entering your neighbour’s property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent.
Can I build over water pipes?
The Architect will be responsible/liable for any cost incured (but best avoide that road) . The pipe can be built over and there are criterea for this held with the council planing dep/water board etc. So Yes you can and yes inform the water boare as thay may need to do work on the thing in the futuer.
Can a right of access be removed?
You will also need to demonstrate that those benefiting from the right of way has agreed that they no longer have use for the right of way and agree to release the right. This would involve entering into a Deed of Release, to formally remove the right.