Welcome to Understanding Easements in Pennsylvania. Understanding Easements Pennsylvania Bar Institute. Neil Andrew Stein, Esquire Kaplin, Stewart, Meloff, Reiter & Stein, PC Blue Bell, Pennsylvania. Property Rights.
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Neil Andrew Stein, EsquireKaplin, Stewart, Meloff, Reiter & Stein, PCBlue Bell, Pennsylvania
“Next to the right of liberty, the right of property is the most important individual right guaranteed by the Constitution and the one which, united with that of personal liberty, has contributed more to the growth of civilization than any other institution established by the human race”
William Howard Taft (1857–1930), U.S. President. Popular Government, ch. 3 (1913).
“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 our language an
Black's Law Dictionary, 8th ed.
(2004), at 1108.
• Pennsylvania Statute of Frauds generally requires that any transfer of an interest in real estate, including the grant of an easement, is not binding unless reduced to a signed writing.
• Are easements always in writing?
331 A.2d 433 (Pa. 1975)
The Pennsylvania Recreation Use of Land and Water Act (68 Pa. Stat. Ann. §477-1 et seq.) protects landowners, reducing the standard of care to easement users if land is available free of charge to the public for recreational purposes.
Neil Andrew Stein, Esquire