I bought a house in May that is landlocked. It is in Clarion County, Pa. At the time there was an access road across the neighbors property and so all was good. He has since decided that, that would be a good place for a barn. That was the access road to the property for the last 20+ years but no more. He took a tractor and carved an access road out of the side of his field to the public road but left it as mud. It has since rained heavily and I can no longer get to my house. Also, UPS and FedEx say they will not use the new access, especially in the winter due to snow drifts.

My questions are - what are the rules governing access to landlocked properties in Pa? Can he remove an existing access that has been the access since everyone in the area can remember? Can he force us to use another road that he has cut into the hill but not made passable? It needs about $300 worth of grating and gravel.

Thanks for the help.

Get an attorney TODAY.

Is the barn already up?

The barn is not up yet but they have started clearing the land.

I have little money for an attorney, they have a lot of money to fight it. Will a public defender take the case?

The barn is not up yet but they have started clearing the land.

I have little money for an attorney, they have a lot of money to fight it. Will a public defender take the case?

Probably not.

This is a civil matter, not a criminal one.

However, if you don't act now, the barn will be up and then you are hosed.

Go to the county or township courthouse and ask to see the building permit for the new barn. This needs to be filed prior to construction... and may get the inspectors out there if it hasn't been filed.

Second, get an hour of a lawyer's time or go to one of those online legal sites and get an injunction on contruction until the issue is resolved. That will, at least, give you a little time... and may stop the process until spring.

But you have to act today. If that barn goes up, you lose.

Based on what would I file the injunction? He has provided an access, all be it a real crappy one.

I will contact a local attorney the first of next week (as I'm sure they are gone this late on Friday) and ask on-line guys now. Do you know any good online attorney for real estate?

Thanks

The barn is up - 75%. Should he be helping to solidify the access road since its on his land?

Can he actually charge me to use the access - his land is the only way out of our property. He has threatened me with that one more than once.

Does the land owner have any responsibility to the upkeep of the road across his land?

How do I go about getting a permanent access? For my peace of mind and incase we sell the property in the future.

Thanks David

You do not mention whether or not he provided you with legal access to your property at the time you purchased it. In some states, it's illegal to sell property that is landlocked to the new owner or has 'perceived easement'. Who sold you the house and what does your original deed say about this? If the original owner did not work out a legal access for you with the owner of the barn, then things could get really messy. You really need to pay a consulting fee to a good land/title attorney from your state to see what your rights are and you need to do it yesterday, as the others have suggested.

You do have a legal right to access, though not necessarily through that piece of property (unless you are surrounded by it).

Your local government's planning, zoning, or building agency should be able to help.

A load of gravel might be cheaper than a lawyer, if that is all you need. I got a load for less than $100.