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Ninosky and Snover Successful in Appeal Protecting Landowners' Rights

09.23.09

In a case of first impression in Pennsylvania, John Ninosky and Elizabeth Snover won an appeal protecting the rights of a local landowner. The appeal was filed by a developer seeking to have a court move the location of an access lane on the developer's property over the objection of the landowner who had used the route for years to access his home. The Superior Court affirmed the decision of the Court of Common Pleas of Cumberland County finding that the developer could not unilaterally change the location of an easement used by the landowner to access his property without the landowner's consent. The Superior Court found that there is no cause of action in Pennsylvania which would allow an individual to seek court intervention to unilaterally relocate a written easement. This decision is important because it protects the property rights of individuals who hold written easements over another's property from having their access routes changed against their will by a court and without compensation.