I live in Center Valley, PA and have a 1 acre lot that runs behind me and a few of my neighbors. The lot owner is threatening to take me to court to get a right of way to it so he can build a garage or house on it. What rights do I have to prevent this and what rights does he have. He purchased the land the way it is. The property adjoins a highway which is i assume how it became landlocked.

Whether he can obtain an easement across your land (or that of one of your neighbor's) is going to depend on a number of factors. He would have to sue to obtain it, and you and/or your neighbors would have the right to object and present your side. You really need to discuss the issue with a local real estate attorney.

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The property adjoins a highway which is i assume how it became landlocked.
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If his property adjoins a highway, then how is he landlocked?

A limited-access highway is one which allows no driveways. Do not confuse it with a controlled-access highway, which allows no driveways or intersections.

All property owners have the right to access. Normally, altermate access must be provided or arranged at the time such a highway is built.

But if the owner of that land at that time also owned another adjacent parcel which has access, the state might have considered that access at the time. If those parcels later were sold to two different owners, the access problem surfaced.

The right to access is a common law right. If a parcel becomes landlocked, then this right to access requires that an easement or other means must be granted across another piece of property. Usually the person who ends up granting the easement is compensated.

First, find out if any other property owner will voluntarily allow an easement. The owner does not get to choose the point of access, especially if another point is available. Another possibility is to combine easements if a utility easement strip already exists.

If the other driveway merges with yours, a shared-driveway maintenance agreement is advisable.

Another possibility is that someone might sell the owner of the landlocked parcel a strip of land. I know of someone who had such a strip, and was accidentally not billed for property tax on just the strip. The county sold it at a sheriff's sale.

Still another possibility is a "split the difference" access running down a property line, with half the easement on each parcel.

Normally a court will choose the shortest distance from the land to a public road.

If the owner plans to subdivide and develop the land, it may turn into an eminent domain issue, as a public road will have to be constructed to reach all of the parcels.

To give you a little better idea of what i am dealing with I attached a little drawing of the properties in question. Although i am probaly the shortest way to go i dont think it would be the easiest. The property ends at a neighboring farm which has a cell tower on it. They have a driveway up to that and it continues up which you will see. The owner of the farm has a tree business and uses that spot for storing woodchips. From what i have heard the guy that owns the landlocked land asked the farm owner for access and he does not want to give it either. I think that is only makes sense to go that way as there is already a driveway for the most part to go to it.

If the cell company already has an easement, it is probably the shortest to reach that easement.

Questions:

1. Is the orange line the proposed driveway?

2. What is above (in the drawing) the orange line? Is that yours, or someone else's property?

3. What is above the top edge of the drawing?

4. Is there a power easement? If not, where is your main power line? Where is the power line to the landlocked parcel?

Yes the orange line is where he wants to put a driveway up to his landlocked section. The orange line goes right to his property. Above is just the highway which is a major one so no way he can go that route. Power lines are aerial across the street. So to get power up the landlocked parcel they would have to sink poles in all the way up. Or they could sink a spot pole and go underground from there.

Yes the orange line is where he wants to put a driveway up to his landlocked section. The orange line goes right to his property. Above is just the highway which is a major one so no way he can go that route.

I thought the highway was to the left in the drawing. Are there two intersecting limited-access highways, or is the drawing rendered a quarter-turn off?

I wanted to know what is on the other side of the orange line from your property, and what is beyond that in the same direction (which is up in the drawing as it renders on my browser).

Power lines are aerial across the street. So to get power up the landlocked parcel they would have to sink poles in all the way up. Or they could sink a spot pole and go underground from there.

So they will also need a power easement. Is power supplied to the cell tower through the easement for that?