I own a landlocked piece of property in Lancaster city. The adjoining road front property owns the land my access easement is on. There is not an established driveway which forces me to walk into the lot through the easement. I regularly OC whenever legally possible. I have learned a lot by browsing this site and others like it.
Does anyone know if I have a legal right to carry a firearm through the deeded access easement onto my property if the owner of the land the easement is on should be opposed to it?
If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.
I can't give a definitive answer either. But I would say there wouldn't be any issues that would hold up in court. There is a contract to access the property, what you carry on you accessing that property can't override a contract unless there were some kind of destructive circumstances or something. What if you wanted to hunt that land, you can't carry firearms across??? That doesn't seem logical or reasonable that you can have your actions restricted while traveling in which you have the right to do.
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I wouldn't raise chickens or hunt on it, but you can eat some original recipe KFC while walking across the property with your shotgun and OCd handgun
You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC
Old and treacherous will beat young and skilled every time. Yata hey.
The easement grants you use of the driveway/access (which by necessity is an interest owned by you and tied to that land), but it is not ownership of the driveway/access in question (you can't sell it separately from your landlocked property).
Use of the driveway/access, meaning ingress/egress to your property is unrestricted until you start to diminish the property (taking down trees/fences/heavy truck traffic/etc.) You don't have unlimited rights to ALTER the property, and because it is landlocked the owner (called the servient landowner or the owner of the servient estate) couldn't restrict your use of the easement for ingress/egress to your place...carrying your possessions. Ingress/egress with a gun is not something the servient owner can put conditions on...or it might result in your landlocked property being only helicopter/catapult accessible.
Take a trip down to the County Clerk's office to get the skinny...it's probably in the deed/transfer somewhere and it's probably ancient.
Be careful though, there might be an exception for original recipie KFC...you might have a spicy cajun chicken from Popeyes restriction. I've seen those.
IANYL...heck not even from PA.
Last edited by CT Barfly; 08-15-2013 at 07:08 PM.
Thanks all for your input. I actually purchased the lot to archery hunt on. The owner of the property the easement is located on is being difficult about other things. I figure it is only a matter of time until he makes this an issue.