Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Property maintained solely for 30 years can someone just take it off me?

I maintained a small piece of land solely for over 30 years adjacent to my home i have proof ,pictures by the ton and borough letters etc Everyone including the d.o.c workers stopped right before this piece of property and never maintained it i did .Today the new president of council said i have... View More

Evan Charles Pappas
Evan Charles Pappas
answered on May 14, 2020

There is a concept known as "adverse possession" which, under the right circumstances, grants title to real estate to those who have maintained it for 21+ years. However, the rules are very particular and would also need to be asserted in court. I also have questions about the nature of... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: My neighbor has an outside light on the side of his house that lights up my whole yard and house. Anything I can do?

Neighbor has an actual streetlight mounted to the side of his house. I’ve told him it comes in my windows and makes doing anything after dark in our yard a nuisance. But he said we live in a dangerous neighborhood so he needs it. Which we don’t. My grandparents lived in this house since 1958.... View More

Cary B. Hall
Cary B. Hall
answered on May 4, 2020

Yes, but it will likely be a huge and expensive hassle for you. The light spillage could be considered a "nuisance" in the law, and you could ask a court to make him take it down (or at least replace it with a light that isn't as bright). Such an action, however, must be brought in... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
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... View More

Mark Scoblionko
Mark Scoblionko
answered on Jan 18, 2020

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... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: I am a performer, and I am able to set up a space in my home and sell tickets for shows that I write and perform?

I have a room in my house that I would like to turn into a parlor for small performances of 10 to 20 people to do an hour long mentalism show. We would like to do the show, offer canned sodas, sealed snacks, and popcorn to the guests. It would be in the form of a small house party and would take... View More

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2019

You need to check your local zoning code.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I live in a school zone, directly across from a primary school. It is becoming a problem with people parking in my

Driveway. It’s fine if they are there 3-5 minutes, but I have a consistent woman who parks, leaves her car running and blocks the entire driveway for upwards of 10+ minutes. Even when there are spaces to park away from the driveway and no one is blocking her in; she chooses to block my driveway.... View More

Mark Scoblionko
Mark Scoblionko
answered on Nov 20, 2019

Call the police and have them ticket her.

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: Is there a grandfather clause in pa on a parking lot that's been used by the community for 50+yrs to continue to use it?

The lot is the only parking area for most consumers/business owners in this area, and has been used by anyone for 50+yrs. The new owner wants to block it off. People also use this as a through way. Is there a grandfather clause for This? How do I find it? How do I prove the grandfather law?

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2019

Any restriction or reserved use would be cited in the deed

1 Answer | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I have land with multiple rentals on it. The gas company wants to drill on my property or the one next to mine.

My question is if they buy out my property to set up a drill pad, should I try to negotiate for not only the replacement cost of the buildings, but the lost income of the property? The lots are only 100' wide, so any drilling will affect multiple plots. There are 5 rentals beside my home plus... View More

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2019

Yes you need to negotiate to get everything you will lose. I negotiate these purchases all the time.

1 Answer | Asked in Constitutional Law and Land Use & Zoning for Pennsylvania on
Q: Ordinance inspectors walking on private property. When asked to leave they return with local police escort, no warrant.

Peeking in buildings, campers, garages, they say they have a right on private property w/o your permission and w/o administrative warrant. Actual ordinance says they have a right to inspect all buildings on the property, if they want to. The ordinance inspector says it's legal and the 4th... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2019

An interesting point. If he sees a violation in plain view---i.e. visible from the street--they can cite the owner. However if they need to get on the property they need to ask permission. They can and should get a warrant. That they didn't is something you should contact the Pennsylvania... View More

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Pennsylvania on
Q: My grandmother died and left her land to her children they have not paid land tax for 5 years do I have rights if I pay

The land was willed to her children who are not paying the land is still in my grandmothers name

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2019

No. If you are not one of her children you do not have any rights.

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: Do sidewalks in an HOA community, with main streets dedicated to the township, need to be ADA compliant?

I live in an HOA community where main streets are owned by the Township. I am responsible for maintaining the sidewalk in front of my property. Between the sidewalk and the street is a 4' strip of grass considered common area where the developer planted street trees. These trees are 15+ yrs... View More

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2019

Yes you need to comply with the ADA

1 Answer | Asked in Construction Law, Constitutional Law, Environmental and Land Use & Zoning for Pennsylvania on
Q: Our development is flooding from heavy rains since a new massive development was added roughly 5 years ago. Any options?

Hello, our development rain water drainage is backing up and flooding our homes since a new development was added next to us down stream of our run off. Our township was told by an engineer that our catch basin would NEVER pass code today and that is overflowing into neighbors yards, pipes... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2019

As you and your neighbors already realize, this is a very complex situation. It's the type of matter that if litigated, could drag on for years in court and easily accrue very high legal fees. It would very likely involve expert testimony from civil engineers, architects, urban planners, and... View More

1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for Pennsylvania on
Q: Recently my Home Owners Association created a Resolution that limits my freedom of speech.

AND NOW BE IT RESOLVED, that only Board Members or the Board’s agents may use the names, addresses, phone numbers or email addresses of homeowners for correspondence activities. Should any unauthorized individual use the contact information of homeowners on his/her own, a $50.00 fine may be... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2018

The HOA could make the argument that their resolution is in place for the protection of privacy, not the infringement of First Amendment rights.

Tim Akpinar

1 Answer | Asked in Land Use & Zoning for Pennsylvania on
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... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2018

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... View More

1 Answer | Asked in Land Use & Zoning for Pennsylvania on
Q: An owner whose property abuts a public street or road owns to the center of the road, subject to an easement of public

does this mean they can stop and do any thing in one spot or is it just for people to travel on

Peter N. Munsing
Peter N. Munsing
answered on Jul 24, 2018

Means they can do what they need to do to maintain the roadway. Sidewalks tend to be more 50-50

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
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... View More

Mark Scoblionko
Mark Scoblionko
answered on Jun 26, 2018

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... View More

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Hello, I have property that I own. A friend of mine put a trailer on the one piece of land. He died in November of 2016

His son has left the trailer on my land since then, said he was going to move it, cleaned out everything he wanted from the trailer, including the wiring and copper pipes, and made a huge mess outside. Someone broke into the trailer in November of 2017, the son wasn't back until May of 2018,... View More

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2018

He will have a hard time winning unless you agreed or have a written agreement to secure the trailer home for him.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: How would I go about selling parcel when it shares a deed with another parcel and has one mortgage

Two parcels (.44 acres with home and 1.44 acre undeveloped land) share the same deed with one mortgage. How would I go about selling vacant land to family friend ?

Mark Scoblionko
Mark Scoblionko
answered on May 29, 2018

It makes a big difference if the shared deed (a) recognizes the two individual parcels and references surveyed legal descriptions for each, or (b) everything is referenced together as a single tract, with a single legal description.

If (a): You would require consent by the mortgagee,...
View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for Pennsylvania on
Q: Is it constitutional for a large, wealthy, suburban municipality to prohibit residential parking 24/7 everywhere?

I have a soliciting job knocking on residential doors and signing up willing homeowners for free appointments. I try to be pleasant and conduct myself in a lawful manner.

My company pays significant $ to the township for legal permits to do so, but I see no way to do my job if I am not... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 20, 2018

It is constitutional though I wonder what happens if the UPS driver stops or if people have out of town guests unless everyone has a large driveway. Can they? Sure.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: Hello My uncle had got sick before he went into a a nursing home he said we could stay at his house now he wants me out

After I did all this work to this house for me and my children to be comfortable it needed work from floors, plumbing work to everything

Mark Scoblionko
Mark Scoblionko
answered on Feb 12, 2018

If the house belongs to your uncle and you have no lease, he can force you to leave. It is possible that you could could sue him to recover the costs of the improvements you made to the property, but you would have to review all this with a lawyer to outline all of the facts, such as, whether he... View More

1 Answer | Asked in Civil Rights, Estate Planning, Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: My Grandmother inherited my grandfathers house after he passed. She has sold it; all parties have been paid except her.

She lives in PA and the house is in WV. She said the lawyer was a PA one but sold the house and the occupants are currently living in it. She has yet to get paid and can't pay her bills so her health is at risk due to stress. It sounds fishy to me because the lawyer said they could get her... View More

Mark Scoblionko
Mark Scoblionko
answered on Jan 18, 2018

She needs to contact the lawyer.

Had your grandparents divorced? If so, perhaps there is inheritance tax that must be paid and the title insurance company is escrowing the sale proceeds pending receipt of tax clearance.

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.