Bartkowski v. Ramondo (majority)Annotate this Case
Kenneth and Theresa-Ramondo purchased a property in Chester County, Pennsylvania in 1991 known as a “flag lot:” a narrow strip (the “pole”) that connected the main portion to a public street. The Ramondo pole extended six hundred feet from Garrett Mill Road to the main portion of the Ramondo property, the flag portion, which was approximately 5.62 acres. Thaddeus Bartkowski, III, and Crystal Anne Crawford (“the Bartkowskis”) bought the neighboring property 2012, which was also a flag lot. The pole of the Bartkowski property, also measuring twenty-five feet wide, abutted and ran parallel with the Ramondos’ pole. The flag portion of the Bartkowski property was approximately 5.25 acres. The portion of land at issue in this appeal involved the adjoining Ramondo and Bartkowski poles, upon which the Ramondos constructed a driveway that gave them access to Garrett Mill Road. The Pennsylvania Supreme Court granted allowance of appeal to consider whether a landowner had to prove impossibility of alternative access arising from zoning and regulatory prohibitions or conditions of the land in order to establish an easement by necessity. The Superior Court affirmed the trial court’s order denying the Ramondos an easement by necessity based upon the theory that establishing necessity requires proving impossibility of alternative access. The Supreme Court concluded this was error, reversed the Superior Court, remanded for further proceedings.