Can you remove an easement by prescription in Pennsylvania?

It may be possible to remove an easement by prescription in Pennsylvania, however it may be easier to challenge whether the easement by prescription even exists.

What Is An Easement By Prescription?

An easement is the right to use someone else's property or land for a specific reason that does not generally interfere with the property owner's use of their land. An example would be a driveway that allows access to a land-locked piece of property.  An easement by prescription occurs when one person is using another person's land for a period of at least 21 years without express or implied permission.

Challenging An Easement By Prescription

If you want to remove an easement by prescription in Pennsylvania you can challenge its validity or existence by focusing on the proofs that Pennsylvania law contains when establishing the existence of a prescriptive easement.  One way you can do this is to show that the other person's use of your property was not hostile or notorious, but rather that the use occurred with your permission.

A true easement of use by prescription requires that the use be actual, visible, notorious, distinct and hostile. A prescriptive easement can be granted after 21 years of this type of use even the use was not entirely continuous during the 21 year period. It is also not necessary for the prescriptive use of the land to have been exclusive to the "trespasser."

Get Legal Help

Land use can quickly become very complicated. Contact an attorney to discuss your situation and find out what the best options are in order to attempt to remove a prescriptive easement on your property.