On May 7, 2012, the Pennsylvania Superior Court entered an Order in the case of Osker and Shean v. Bucciarelli and Graeff. The entry of the Order by the Superior Court ended nearly eight years of real estate litigation by vindicating the positions advanced by William Benner for his clients. The facts in the case are interesting.
The underlying dispute involved a claim against our clients and their neighbor brought by the owner of a land-locked parcel who claimed common law easement rights to cross a portion of the two properties to gain a means of access to the land-locked property. On the day of trial, the parties reached a settlement agreement. William Benner stated its terms on the record. By its terms, the settlement agreement permitted the owner of the land-locked parcel to purchase the access rights if they could obtain final approval to build a single family dwelling on their land-locked parcel within three years.