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


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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.”

Question: 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.