We are all allowed to use the alley-way for the purpose of walking through it. I need to attach a downspout to this area of my building in order to direct a portion of the rain water here. My question is, does the fact that we are all able to use the space for walking through also allow for this?... Read more »
answered on Feb 21, 2023
It’s hard to say without knowing whether there is a written easement agreement or other writing (perhaps in the deed) creating the right of way and whether it restricts the easement for its intended use. If the new downspout would further restrict the use of the easement for its intended use, I... Read more »
I have tried to look on the GIS Map and tax maps but it comes up as "no additional information"
answered on May 2, 2023
The starting point is to search the titles of you and the adjoining tracts for the last 100-150 years. Easements can be created expressly, by implication, subdivision dedication, prescription, necessity, and probably a few other ways. HIre a PA attorney.
answered on Jan 30, 2022
A Pennsylvania attorney could advise best, but your question remains open for two weeks. Some information may have been left off here. It isn't fully clear in what context the money left for you materialized, and your post straddles a number of categories - each could have different manners in... Read more »
I did file suit against township. Was told it’s a civil matter. They do no have enforcement
answered on Jan 13, 2022
You need to file suit against the neighbor. They can't build on your property. You need to survey it, then you can say it's truly on your line.
Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith
answered on Sep 20, 2021
No, it is not an easement.
The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.
Rather than have the land re-surveyed and new legal descriptions prepared,... Read more »
When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... Read more »
answered on Jun 4, 2021
Did you have the house inspected? If not, as is means as is. If there was a disclosure form, and they did not disclose that is your best avenue.
You want to find what it would cost to fix, and ask them for it. See how long the other realtor had it for. If you have a realtor ask them how... Read more »
My father and mother can no longer taker care of it and want to transfer the deed to my siblings and self, can this be done if they are still living? We are looking to sell this property after transfer of deed. Will we encounter any other legal issues with this?
answered on May 26, 2021
They can certainly transfer the property to family members. If they can’t care for themselves, a Power of Attorney would probably be advised so that you and siblings could act directly on their behalf.
You should engage a lawyer in Puerto Rico familiar with real estate and estate... Read more »
answered on May 25, 2021
From the facts you stated--no. You don't have a right for maintaining a property unless there is an agreement giving you ownership interest of some type. Even if there was, if the land was sold, it's on you to do something. However I may be missing facts and it may be worth your while to... Read more »
I, along with 3 others (one of whom is my husband) are looking at buying a large plot of land. Two of us have experience farming and we would like to farm the land for personal use. We would also like to provide food from the farm to those in need. So we would like to apply for nonprofit status and... Read more »
answered on Dec 7, 2020
The "simple" answer to your question is it is possible to operate a non-profit and a for-profit on the same land. However the more important and complex questions are (i) does it make sense from a tax and business point of view; and (ii) what are your for-profit goals or objectives. You... Read more »
Purchased a home in Pa came back with clean title with no easement for shared driveway the new owner of the house next door came over and told me that it is a shared driveway and I told her no that I own it now she want to file an easement to use my driveway what can I do to stop them from using it
answered on Jul 16, 2020
This is a problem to be resolved through the title company you used when you bought the house. There are multiple possible answers:
1. Your title company made a mistake;
2. You made a mistake and mis-read your policy;
3. Your neighbor made a mistake;
4. The... Read more »
Electrician performed an electrical service upgrade to 200 Amps without pulling a permit. Also, when approached about damages that he caused to my hardwood floors since he refused to take shoes off or work with booties, he denied liability and just walked off the job, keeping my initial down... Read more »
Or is original company that put the dump on the property still responsible? And what if they are no longer in existence? Just want it for grazing land for horses. It is being monitored by DEP. dump is closed and inactive and covered.
answered on Jun 5, 2020
You are technically responsible for what is on (and under) your land. So.....if leachate comes out and poisons drinking water, it is possible you could be liable.
When companies site dumps they have to provide insurance. However if this was long ago, that is unlikely to have happened.... Read more »
I purchased the property 2 years ago and the fence existed before purchase. All the lots in town are the same size. The neighbors that have been here said the fence has been up for over 25 years. Now the new next door property owner wants it moved cause they had it surveyed and 3 foot of it the... Read more »
answered on Jun 5, 2020
Have the property resurveyed. Here's the thing--it was possibly adversely possessed, but as to the previous owner.
If the lot sizes are the same you may be on the next person's lot.
So, you need to determine if the lot was sold to you with the dimensions you say, did you... Read more »
I have about 80 acres of land with a 2 acre pond in Mercer County PA. We own approx. 75% of the pond and the neighbor owns the other 25%. We have never had any trouble with that land owner.
However, he recently sold his land and the 25% of the lake to someone else and it has been trouble... Read more »
answered on May 22, 2020
Your question gives no explanation of a number of facts which may prove decisive. A few of the facts needed: how the 75/25 split in ownership of the pond was initially created and when; whether the pond is man-made or of natural origin; how it is fed, such as by run-off, stream, an underground... Read more »
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... Read more »
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... Read more »
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.... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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.... Read more »
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?
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.