Philadelphia, PA asked in Land Use & Zoning and Real Estate Law for Pennsylvania

Q: Hello, looking to hire a lawyer concerning unique property issue. No easement, but township paved a road through lawn.

We have a corner lot deeded 1882. There's a main road in the front and a road on the side. Over time a small shortcut to the main road was created on the side road through our lawn (prior to our ownership). The shortcut makes the intersection a "Y junction" with the left side of the Y on a considerable part of our deeded land. As far as we could tell no easement was established, but the township paved both sides of the Y. Is there any chance if getting this land back since legally it's ours? If we do find an easement can we get it overturned since there is no "right of way" necessity? We're expecting this to be a complicated case and plan to hire someone soon as well.

*edited to add- road was paved before our ownership, so no correspondence with township has taken place*

2 Lawyer Answers

Mark Scoblionko

  • Allentown, PA
  • Licensed in Pennsylvania

A: The questions you ask can only be addressed after consultation with a lawyer. The lawyer would need to take a history from you, view either the property itself or good pictures, and search the title. Additionally, communication with the township or its counsel would be necessary to try to determine why and on what basis they did what they did.

Evan Charles Pappas agrees with this answer

1 user found this answer helpful

Evan Charles Pappas

  • Lemoyne, PA
  • Licensed in Pennsylvania

A: Depending on the location of the property, our firm might also be able to assist you.

1 user found this answer helpful

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