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I have a driveway that is owned by me and there is a flag…

Customer Question
Hello , I have...

Hello , I have a driveway that is owned by me and there is a flag lot in rear of property. They have an easement to pass thru to get to there home. Recently found out they want to start a rescue on there property . We don't want all these cars going across our property all day it cuts right thru our 2 buildings . And it is residential property. Do they have right

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Pa

Lawyer's Assistant: Has any paperwork been filed?

Not yet I believe, nor have they told us . Told everyone else

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it thanx

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/22/2017
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,267
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

Is there a written easement recorded? Does it specify that the easement is restricted to flag lot access and no other purpose? Does it address non-residential use?

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Customer reply replied 8 months ago
easement on deed . But I own the property. There just using to access. I don't have deed in front of me but it is residential.
Real Estate Lawyer: Loren, Lawyer replied 8 months ago

Is there a recorded easement agreement, separate from the deed, in the chain of title?

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Customer reply replied 8 months ago
To have all these extra cars coming down on my property and expense for resurfacing all the time . Not to mention my kidS getting hit . What about my property value?
Real Estate Lawyer: Loren, Lawyer replied 8 months ago

Is there a recorded easement agreement, separate from the deed, in the chain of title?

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Customer reply replied 8 months ago
No chaIn .
Real Estate Lawyer: Loren, Lawyer replied 8 months ago

Ok. Thank you for the additional information.

You have an argument to assert that the proposed change in use, from strictly residential, to a quasi commercial use, exceeds the authority of the easement and overburdens your property.

You can send them written notice that you will not permit the access to be used for quasi commercial purposes. You should also contact the zoning dept for your municipality and see if the proposed use violates the neighbor's zoning classification and if they have the necessary permits.

Ultimately, if they move forward over your objections then you will need to file suit against them for misuse of the easement, seeking injunctive relief and money damages.

Equitable remedies are not simple litigation and it is recommended that you have an attorney if you plan to go to court.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Real Estate Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Category: Real Estate Law
Satisfied Customers: 38,267
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Experience: 30 years of real estate practice experience.

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