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

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Release of Right of Way / Easement to Surface Owner

Philadelphia Pennsylvania Release of Right of Way / Easement to Surface Owner

Name: Philadelphia Pennsylvania Release of Right of Way / Easement to Surface Owner
Brand: US Legal Forms
Rating: 4.85 (314 reviews)

Category:

Oil Gas and Minerals - Releases

State:

Multi-State

County:

Philadelphia

Control #:

US-OG-556

Format:

Instant download

Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

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How to fill out Philadelphia Pennsylvania Release Of Right Of Way / Easement To Surface Owner?

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--(a) Every road which has been used for public travel and maintained and kept in repair by the township for a period of at least twenty-one years is a public road having a right-of-way of thirty-three feet even though there is no public record of the laying out or dedication for public use of the road.

The width of the county road right-of-way can vary a great deal. However, the general rule of thumb is that the road right-of-way is 66 feet wide, approximately 33 feet on both sides of the center of the road. There are instances where the road centerline does not match the center of the road right-of-way.

Think of a sidewalk in front of house. The homeowner owns the land in front of her house up to the curb, but the public has a public access easement to that sidewalk. They can walk there, but that's about it; the easement doesn't mean you can build a stand on that sidewalk.

From and after April 1, 1937, the width of one hundred feet is the necessary and proper right-of-way width for state highways unless the department, for good cause, adopts and designates a different width.

3321(b)), Pennsylvania law essentially states that the driver to the right has the right of way when both approach the intersection at the same time. In other words, you must yield (give up) the right of way to that driver by letting him go first.

Drivers must always yield to any blind pedestrian carrying a white cane or being led by a guide dog. Drivers turning left must yield to oncoming vehicles going straight ahead. Drivers entering a circular intersection (or roundabout) must yield the right-of-way to drivers already in the circle.

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.

In law it is the definitive record of where a right of way is located. The highway authority (normally the county council, or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the national park authority usually maintains the map.

While the right-of-way is often 33 feet wide, it may be much wider (120 feet or more in some cases), since it extends beyond the paved road and shoulders. Contact the PennDOT District office to find out what the right-of-way width is for a specific location.

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

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Fee simple (ownership) interest in the public jurisdiction to which the right-of-way is dedicated. Grants of Easement for Right-of-Way on Indian Lands.Sufficient access streets or right-of-way to adjoining properties shall, in the discretion of the Planning Commission, be provided in subdivisions to permit. Wide brick-paved roadway surface, while both Philadelphia Ave. Cabin which was too close to the current right of way.

Philadelphia Pennsylvania Release of Right of Way / Easement to Surface Owner

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