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MikeT3 (Pennsylvania)
Posts: 13
Posted:
Anyone have any information on case laws for ingress and egress for the state of Pa., Who is responsible for the up keep of roads if I have a prescritive easement thru a POA. Can they bill me a full share as they bill their members. Are roads were once owned by a managment company, now they choose to purchase the main roads from this managment an are calling me a satillte community. Previously our managment company never sent me a bill because their was no maintance done ever. Now this POA thinks they can bill me for the same as they bill their members, yet still provide no maintance for our roads because they did not want to purchsae our roads. Been traveling these said roads 12 years prior to this new formed POA.
LindaC3 (Florida)
Posts: 526
Posted:
Miket3--- You will need to go to your local Zoning District and verify about this easement... Is this easement agreement in writing and had it been filed at your County Assesor Office ??

I am currently working on a project that part of the parcel has a 50ft perpetual easement that does not allow the client (homeowner) to place a building in the path....The current homeowner did not even know that this agreement existed... It was due diligence on my part while researching the Property ID parcel number that I found this document dated back 1956...... This client had a really bad Title Company...This particular client MAY NOT CHARGE a fee for others to reach their property....... Good Luck and keep us all informed LindaC
HaroldS1 (Arizona)
Posts: 314
Posted:
Linda - not surprising about the title company not finding this easement. From instances I've had with title companies, they do not appear to do any title searches for which they are charging. They just pick up from the last transfer and hope it was correct. On one of my properties I found the depth on two adjoining parcels was wrong from what was recorded. They just said "oops" and actually paid for quit claim deeds from the two parcels behind me (which means those titles had been "searched" incorrectly at some time too.) I think this is their premise: do as little as possible and fix something if it comes to light. It is probably cheaper for them to do it that way. The problem is, if not corrected, on the next transfer that title company will just copy from the last sale, etc. etc. Harold

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