Easement Attorney in Pittsburg, Pennsylvania

As a property owner, it can come as a surprise to discover that you don't have the exclusive right to use your land or property. Unknown to you, another person might have the right to make use of your land for a particular purpose. This right is referred to as an easement. In Pennsylvania, many easements often exist out of convenience or due to a necessity for adjoining neighbors. Unfortunately, an easement may affect your property ownership or usage rights. 

If you're involved in a real estate transaction and want to understand how easements work, consulting with an experienced Pennsylvania real estate attorney is crucial. My firm – Marc A. Taiani, Esquire and Allegheny Attorneys at Law, P.C. – proudly serves clients across Pittsburgh, Pennsylvania, as well as throughout Allegheny County and all of the surrounding counties, including Westmoreland, Beaver, Butler, Washington, and Armstrong.  

I have the knowledge and experience to advise and guide clients in the legal matters of real estate law and easements. As your attorney, I will work hard to find the best resolution to your specific situation. I can also enlighten you about the different types of easements and how they affect your right to own a property. Contact me today to set up a free phone consultation and learn about your legal options. 

What Is an Easement?

An easement refers to a designated portion of land where someone other than the property owner has the legal right to use the land for a specific purpose. In Pennsylvania, the land that is affected or encumbered by the easement is known as the "servient estate." 

Common examples of easements include private roads, driveways, electrical wires, communication lines, and railroad tracks that pass through private properties. It's important to note that while the private property owner retains ownership of the land, the holder of the easement has the legal right to use the land for the specified purpose. 

Types of Easements

In the Commonwealth of Pennsylvania, multiple types of easements are recognized. The following provides a brief overview of each: 

Easement of Necessity 

An easement of necessity is established through a court order. It allows individuals who lack direct access to their own property or the main road to pass through another person's property to reach their own land. 

Easement by Prescription 

An easement by prescription, also known as a prescriptive easement, arises automatically when a person openly and continuously uses a portion of their neighbor's property without obtaining permission for a period of 21 years. 

Easement of Condemnation 

An easement of condemnation is created through eminent domain, wherein the government seizes a piece of land or property for public use. In such cases, the government is obligated to provide compensation to the property owner for the easement granted. 

Party Easement 

A party easement is established when two neighboring property owners reach a mutual agreement regarding a shared boundary or property line. This agreement is often manifested through the installation of a fence, wall, driveway, or pathway. 

By understanding these various types of easements, property owners can navigate the legal landscape surrounding shared land use and property rights in Pennsylvania. 

How Can an Easement Affect My Property Ownership Rights?

According to statistics from the National Association of Realtors (NAR), about 17% of recent real estate transactions encountered delayed settlements. There are several ways in which an easement can affect your property ownership rights, including: 

• The easement holder can prevent you from using the servient estate in a certain way. 

• The easement can discourage potential buyers from purchasing the land or property. Thus, selling such land or property may be difficult or delayed. 

• The easement may reduce the value of your land or property. 

• You may be unable to stop your neighbor from using the servient estate used as a driveway. 

• You may be unable to make modifications or improvements to your property if there is a utility easement. 

However, when an easement is affecting your property ownership rights, you have the right to take the necessary legal steps to remove the easement from your property. An experienced Pennsylvania easement attorney can advise you about your possible legal options to remove an easement and help you make intelligent decisions. 

Why You Should With a Real Estate Attorney

Dealing with an easement issue can be complicated and overwhelming. It can delay a real estate sale, hinder you from maximizing your property usage, and affect your property ownership rights. Therefore, when involved in an easement issue, you should speak with a seasoned real estate law attorney for proper guidance. 

As the lead attorney at Marc V. Taiani, Esquire and Allegheny Attorneys at Law, P.C., I'm poised and ready to support, guide, and represent clients in their easement issues. As your legal counsel, I can review every detail of your case, determine the type of easement on the property and explore your available legal options to remove it. In addition, I will advocate for your best interests and work diligently with the easement holder to achieve a feasible resolution.