Results 1 to 6 of 6

Thread: OC on Private property through access easement?

  1. #1
    Regular Member
    Join Date
    Apr 2013
    Location
    Lancaster Pennsylvania
    Posts
    9

    OC on Private property through access easement?

    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?

  2. #2
    Regular Member carolina guy's Avatar
    Join Date
    Jun 2012
    Location
    Concord, NC
    Posts
    1,790
    Quote Originally Posted by Wastinbait View Post
    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?
    In a general sense (not sure about PA law), you have a "property right" to use the easement, and I think that would likely have to include OC regardless of the other owner's "preference". Just my $0.02.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  3. #3
    Regular Member Motofixxer's Avatar
    Join Date
    May 2010
    Location
    Somewhere over the Rainbow
    Posts
    974
    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.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  4. #4
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622
    Quote Originally Posted by Wastinbait View Post
    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 there are no limitations, restrictions or exceptions (covenants) in writing in the document giving the easement that would apply specifically to this, then quiet simply "Yes, you have the right to cross the property as you see fit."

    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.

  5. #5
    Regular Member
    Join Date
    Jun 2013
    Location
    Ffld co.
    Posts
    337
    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 08:08 PM.

  6. #6
    Regular Member
    Join Date
    Apr 2013
    Location
    Lancaster Pennsylvania
    Posts
    9
    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.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •