Bernville, PA asked in Real Estate Law for Pennsylvania

Q: Neighbor survey shows driveway is on my property, how do I resolve this issue peacfully?

Previous owner of neighbor property made a driveway / RV parking spot on my property. New owner survey shows 35'-40' over line. Looking for legal and peacefull way to have my property restored to nature condition.

Related Topics:
2 Lawyer Answers
  • Cary, NC
  • Licenced in Pennsylvania

A: What are you looking for in terms of a resolution? What is your relationship with your neighbor? These are questions you have to decide to know whether the resolution can be "peaceful" with your neighbor.

If the survey shows the driveway is encroaching, then they either have to move the driveway or buy the land from you. You say you want the land restored so granting them an easement and leaving the driveway in place is not an option.

How long was the driveway on the property? How long have you owned the land? Were you there when the driveway was made? What, if anything did you do? Or the prior owner of your property if you just moved in?

The answers to these questions will also give you an idea of where things stand. It will be easier to make an argument to...

  • Allentown, PA
  • Licenced in Pennsylvania

A: You really need to start by having this entire matter reviewed by a lawyer.

There is an issue, for example, that a lawyer needs to consider right at the beginning. Pennsylvania has a law called the "law of adverse possession." In summary, this law says that, where a person occupies land as if it were his/her own and demonstrates a belief that he/she owns it, if a period of more than twenty years passes, that person establishes ownership under the law of adverse possession. In your case, by putting down a driveway, the prior owner established a claim of ownership. If the driveway was put down more than twenty years ago, you may have adverse possession problems, which could prevent you from doing anything. Also, since ownership in a chain is generally lumped together, you need...

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.