EASE(ment) ON DOWN THE ROAD

Private easements can create problems when one party wants to expand or enlarge the use of that easement. This was the issue in Smith et al. v. Ivy Lee Real Estate, LLC et al., (Pa. Cmwlth. Ct., 299 C.D. 2021, November 7, 2024).

This case involved a 50-foot wide unimproved private lane called June Street. The trouble began when Ivy Lee Real Estate converted a single-family residence into a pizza shop on the first floor and an apartment on the second floor. The Smiths were adjacent property owners, and filed a lawsuit wanting an injunction to prevent Ivy Lee Real Estate from using June Street for its pizza shop business. Mr. Smith testified that he grew up in the neighborhood, and June Street was used by the neighbors to get and from their properties. Mr. Smith also testified that there was never any commercial traffic using June Street or customers parking on June Street until the pizza shop was opened. On cross examination, Mr. Smith admitted that his aunt and cousins had operated a trucking company located behind his property. The trial court found that the prior use of June Street was mainly for private personal vehicles, and that the increased commercial traffic and wear and tear on June Street caused by the increased traffic exceeded the use of the right-of-way. However, the trial court did not grant a total ban on the use of June Street by the pizza shop, but did impose several limitations on its use. The Smiths wanted a complete ban on the pizza shop’s use of June Street and appealed to the Commonwealth Court.

The Commonwealth Court reviewed the law dealing with the expansion of the use of an easement. First, an easement is limited by the use under which it is granted. Second, if an easement is used for any purpose inconsistent with that grant, then the grantee becomes a trespasser to the extent of the unauthorized use. Third, an easement for the benefit of a particular piece of ground cannot be enlarged or expanded.  But, reasonable increases in the use of the easement are permitted. The Commonwealth Court agreed that Ivy Lee Real Estate’s use of June Street did not cause an unreasonable burden warranting a total ban. The Commonwealth Court pointed out that the Smith’s relatives also had used June Street for their commercial trucking company business. The Commonwealth Court noted that the restrictions imposed by the trial court would lessen any harm to June Street by the pizza shop. In this case, Ivy Lee Real Estate did not “exponentially explode” the use of the easement far past any normal or reasonable evolution of June Street.

The takeaways from this case are that the prior use of a private right-of-way is critical in determining how it can be used in the future. Also, it is very important to be as specific as possible when asked to grant an easement on your property. The more precise you can be on the dimensions and use of the easement, the better protection you have to restrict the expansion of that easement in the future.  Our real estate lawyers are ready to assist in determining the use of a private right-of-way, or in drafting or reviewing easement agreements.