Is it Possible to Pave or Lay Down Gravel on a Right of Way Easement?

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“A piece of land I am thinking of buying is land locked but has a deeded Right of way that is 10ft wide and 50 feet long in PA. Can I pave or lay gravel down on this section to help my vehicle get thru.”

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You have to first look at the deed which created the easement in order to determine what your rights are. If the deed specifies how the easement may be maintained, that is usually the end of the story. If not, then you have to make an argument whether paving or gravel is reasonable given the use you have versus the use that the owner of the land may require. I would try talking to the other owner first, because getting permission will be a lot cheaper than ending up in a lawsuit.



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Author: House Attorney

A house attorney has answered this question.