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

Answered
  • 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

Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer 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 Ask a Lawyer 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.