Q: How do we get a copy of the original survey, the house was purchased 35 years ago. Neighbor causing trouble.

A: Contact a local real estate attorney, of course. The survey of the property is reflected in the "metes and bounds" listed in your actual property deed, and uses surveying terms to describe the property boundaries. That may be technical jargon to you, however, so you may want to have an actual survey done again so you'll know for sure.

There's also something called "adverse possession" under Pennsylvania law as well. If you have obviously encroached on your neighbor's property for at least 21 years -- as your deck has -- that portion of your neighbor's property becomes yours. I'm oversimplifying it, but a consultation with a real estate attorney will elaborate on the legal standards for adverse possession.

If your property is located in the southeastern part of Pennsylvania, feel free to contact me offsite to discuss your particular situation further. Best of luck to you.

A: You will need to look at the original papers when you purchased the home. If there was or is a mortgage the bank who loaned the money would have ordered a survey, they may still have a copy of the survey. If you cannot locate a copy of the survey. You will need to retain the services of a surveyor. Provide the surveyor with a copy of you deed and ask him to determine if the deck is in fact encroaching her property. If you are encroaching and the deck has been there for 21 years you have a good argument for adverse possession.

The period for adverse possession in Pennsylvania is twenty one years. This means that the possessor must use the entire claimed land for the entire twenty one year period. This means that the possessor must use the entire claimed land for the entire twenty one year period. Sometimes, an adverse possession claimant may be able to "tack on" a previous trespasser's use of the land if there is some connection between them. For example if Jane "sells" John a piece of property she trespassed on for fifteen years, and John continues to trespass for another seven years, the twenty one year requirement may be fulfilled.This is not an easy process, as there are many requirements to fulfill. Adverse possession is most common when property lines are misdrawn, or neighbors are otherwise mistaken. The six basic requirements are actual possession, use for a continuous period, use that is hostile to the actual owner's rights, open and notorious use, exclusive possession, and occasionally "color of title."

A: It sounds like you will need a new survey, if a survey is needed. An old survey, performed before the deck was built, will do you no good.

Alternatively, you may be entitled to claim ownership rights based on what is called, "adverse possession," if the deck has been there for more than twenty years. In that event, other than for your own peace of mind, you may not even need a survey. Briefly, if a use is open, obvious and adverse, you can go to court and be declared the owner of encroaching buildings based on asverse possession.

You need to consult a lawyer to review all this and get advice on how to proceed.