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

Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed restrictions to us, the deed papers we got in the mail from the title company mention restrictions and dates (like amendment dates) but didn’t provide a list of them. No one mentioned them at settlement, etc. we were made to remove our fence... I feel like this shouldn’t be on us? What are our rights, we are going to be out thousands of dollars and possibly wouldn’t have bought this house if we would have known..also to note, were not in an HOA, if that matters.

The fencing company started on a Saturday and called in on the following Monday to see if a permit was necessary, the planning association said we needed one, but since we were served we stopped everything to get it sorted.

1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
  • Allentown, PA
  • Licensed in Pennsylvania

A: This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing you with copies of the restrictions along with the title report. How about your fence company? Did they try to avoid getting a building permit before they started? They should have requested a building permit, unless fences are exempt,and, at that time, they would have been immediately stopped. Did you not ask them if they got a building permit?

You need to engage a lawyer and sort all this out.

1 user found this answer helpful

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