A recent decision from the Pennsylvania Superior Court underscores how long-standing use of a private road — if left unchallenged — can lead to permanent access rights even without a written agreement.

In Moore v. Harold D. Bishop Revocable Trust, the court affirmed an easement by estoppel in favor of a landowner whose only access to their wooded parcel was via a dirt road that crossed a neighbor’s private property. The road had been in continuous use since the 1950s by the prior owners for farming, logging and seasonal business operations. No one had objected — until the neighbor installed a locked gate in 2018.

In a 15-page decision, the court found that the neighbor’s predecessor had permitted the use of the road and stood by while improvements and long-term reliance took root. That history — the court said — created a permanent right to continue using the road even though the easement had never been recorded.

What Property Owners Should Know

• Long-term use matters
  If someone has been openly using a road on your property for decades, you may be limited in your ability to block or restrict that use later.
• Informal agreements can become binding
  Even without a deed or contract, a landowner who allows access and benefits from it may eventually lose the right to revoke it.
• Buyers should investigate unrecorded use
  If a property’s access depends on a road across a neighbor’s land, due diligence should include questions about long-term patterns of use — not just a title search.

This decision is a reminder that — when it comes to land use — silence can sometimes speak volumes. If you own rural or undeveloped land or are considering buying or selling property with informal access arrangements, it may be time to review your rights and risks.