Q: How can I legally add and deed 1/2 of a paper road to my property? The other 1/2 to my neighbor? It existed since 1956.
Subdivision plan from 1956 shows a named paper road between my property and my neighbor to my right. It runs back into another property behind us. All deeds from 1956 to current, name the road on them as a boundary line with measurements of distance, utility right of way, etc. The property (behind us) that borders all the homes on my side of the street, claim they own the land and that it’s their access to their land and they deny it being a paper road. They are not neighborly at all and harass everyone who has land abutting theirs. They are insistent on spraying herbicide on the strip of land that is the paper road, to kill the grass. Mind you, myself and my neighbor and our families who owned our homes prior to us, have always 100% maintained and mowed the land in question. My driveway from 1958 until 2010 was completely on that piece of land and my sidewalk ran out to it. My neighbor on the right also has a parking pad 1/2 way on it for over 20 years. I have maps and deeds.
A: If your unfriendly neighbors have no other access to their property, then they'll almost certainly get to keep using that "paper road" as a means to reach their property. A court will not render a property virtually worthless and unusable by "landlocking" it, and would provide for a way to reach it by creating an easement across some abutting property at the very least (and usually the least obtrusive and shortest distance to a main road). That doesn't mean that they get to alter the land however they want where their easement lies, however.
Sounds like you'll need to consult with a real estate attorney to review your maps, deeds, etc. to give you an intelligent opinion on how to resolve your dispute. At best, perhaps a letter to your unfriendly neighbors from an attorney resolves things; at worst, filing an action to "quiet title" in your county's Court of Common Pleas may be necessary.
Best of luck to 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.