Glenside, PA asked in Land Use & Zoning for Pennsylvania

Q: Hello, a property was purchased adjacent to a boundaries (in stone) of a historic estate. our land ends before the

srtucture. Between a structure and a street, there is a seemingly abandoned triangle with stairs and other additions.

Municipality claims due to right of way we are responsible for upkeep the area, including structure and the land between structure and street. Our deed clearly states land territory does not include part of an old estate in question. What can we do to appeal zoning decision by the Cheltenham township of upkeep the area that does not belong to me? Would right of way rules apply to municipality and township be responsible for upkeep its own territory? Thank you for an advice.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: You need to consult with an attorney who handles property issues in the County, for the reason that you may want to claim adverse possession if you can tack on the previous owner's use of it, and then get possession of the additional property. You have a defense to being compelled to take care of a structure that's not yours. But if you can get the whole property, then maybe it's worth it to take that direction.

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