PRINTER'S NO. 2098
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1850
Session of
2021
INTRODUCED BY HERSHEY, BURGOS, MOUL, ROWE, RYAN, SMITH, WHEELAND
AND ZIMMERMAN, SEPTEMBER 13, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 13, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to civil actions and proceedings, providing for
liability for easements to benefit landlocked properties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7104. Liability for easements to benefit landlocked
properties.
(a) Purpose.--The purpose of this section is to encourage
landowners to make easements available to landlocked properties
by limiting the liability of landowners to users of easements.
(b) Limits.--The following limits shall apply:
(1) Except as specifically provided in paragraph (2), a
landowner:
(i) Owes no duty of care to keep an easement safe
for entry or use by a user or to give warning of a
dangerous condition, use, structure or activity on an
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easement to users.
(ii) Who either directly or indirectly invites or
permits a user to enter or use an easement does not
thereby:
(A) Extend any assurance that the easement is
safe for any purpose.
(B) Confer upon a user the legal status of an
invitee or licensee to whom a duty of care is owed.
(C) Assume responsibility for or incur liability
for any injury to an individual or property caused by
an act of omission of a user or landowner.
(2) Nothing in this section limits any liability which
otherwise exists for willful or malicious failure to guard or
warn against a dangerous condition, use, structure or
activity.
(c) Applicability.--This section shall only apply to
easements which were granted, sold, conveyed or entered into on
or after the effective date of this section.
(d) Construction.--Nothing in this section shall be
construed to:
(1) Create a duty of care or ground of liability for any
injury to an individual or property.
(2) Relieve a user from any obligation which the user
may have in the absence of this section to exercise care in
the user's use of an easement or activities on an easement,
or from the legal consequences of failure to employ care.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Easement." An interest in land, less than fee simple, which
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interest represents the right of a landlocked property to access
a public thoroughfare.
"Easement holder." The person who holds an easement.
"Landlocked property." Real property which does not have
access to a public thoroughfare.
"Landowner." The possessor of a fee interest, a tenant,
lessee, occupant or person in control of the premises subject to
an easement.
"User." A person who enters or uses an easement, including
an easement holder.
Section 2. This act shall take effect in 60 days.
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