Pennsylvania Land Use & Zoning Questions & Answers

Q: Recently my Home Owners Association created a Resolution that limits my freedom of speech.

1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for Pennsylvania on
Answered on Oct 23, 2018
Timur Akpinar's answer
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

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

1 Answer | Asked in Land Use & Zoning for Pennsylvania on
Answered on Aug 21, 2018
Peter N. Munsing's answer
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.

Q: An owner whose property abuts a public street or road owns to the center of the road, subject to an easement of public

1 Answer | Asked in Land Use & Zoning for Pennsylvania on
Answered on Jul 24, 2018
Peter N. Munsing's answer
Means they can do what they need to do to maintain the roadway. Sidewalks tend to be more 50-50

Q: Hello, looking to hire a lawyer concerning unique property issue. No easement, but township paved a road through lawn.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jun 26, 2018
Mark Scoblionko's answer
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 determine why and on what basis they did what they did.

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jun 18, 2018
Elizabeth Tarasi's answer
He will have a hard time winning unless you agreed or have a written agreement to secure the trailer home for him.

Q: How would I go about selling parcel when it shares a deed with another parcel and has one mortgage

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Answered on May 29, 2018
Mark Scoblionko's answer
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, which would release the tract being sold from the lien of the mortgage. At that point, you would simply give a deed for the parcel being sold.

If (b): You would need to hire a surveyor to survey...

Q: Is it constitutional for a large, wealthy, suburban municipality to prohibit residential parking 24/7 everywhere?

1 Answer | Asked in Land Use & Zoning and Municipal Law for Pennsylvania on
Answered on Feb 20, 2018
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Answered on Feb 12, 2018
Mark Scoblionko's answer
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 knew that you were making the improvements.

Q: My Grandmother inherited my grandfathers house after he passed. She has sold it; all parties have been paid except her.

1 Answer | Asked in Civil Rights, Estate Planning, Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jan 18, 2018
Mark Scoblionko's answer
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.

Q: can you take a house number that already in use for another piece of property on the same land?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jan 16, 2018
Peter N. Munsing's answer
Contact your local borough. Plenty of family farms are subdivided for housing of family in PA.

Q: I currently reside in Butler Pennsylvania and was curious as to the riparian rights concerning non-navigable waterways.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Answered on Oct 25, 2017
Peter N. Munsing's answer
Depends on width, depth, as to whether you can walk down it if you are not one of the landowner's.

Q: Can I relocate a right of way on my property to another location on the property?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Sep 18, 2017
Mark Scoblionko's answer
If there is an agreement between the parties to re-locate the right of way, you can do that. If there is no agreement between the parties to re-locate, a lawyer would have to review any recorded right of way instrument to determine if the right of way can be re-located. If there is no recorded right of way instrument, a lawyer would have to review the whole situation to see what kind of rights your neighbor has. For example, if his property is landlocked, he may have an "easement of...

Q: Can a land owner tell me what to do if i own the home but not the property it sits on?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Sep 12, 2017
Peter N. Munsing's answer
Look at your lot agreement. Many have such restrictions. If you've lost yours ask for a copy.

Q: Do I have a case against West Penn Power?

1 Answer | Asked in Consumer Law, Products Liability, Energy, Oil and Gas and Land Use & Zoning for Pennsylvania on
Answered on Jul 7, 2017
Peter N. Munsing's answer
If fortunately nothing happened, and they have put it right no. You can only make a claim for what happened, not what could have happened.

Q: I gave permission for company to pull logs out on my property they left a load of wood behind six months ago. Is it mine

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jun 9, 2017
Peter N. Munsing's answer
You can make that claim but best to write them a letter confirming or call, if they say yes confirm it in writing (you, of course, keep a copy).

Q: Can 3 unrelated adult women live in the same rental unit. These are not students. Lower Merion Township, Montgomery Cty

1 Answer | Asked in Land Use & Zoning for Pennsylvania on
Answered on Oct 18, 2016
Mark Scoblionko's answer
You can contact the township's Zoning Officer for an answer to that question. I am sure that Lower Merion has a website that will give you the name of the person and contact information.

Q: In PA. Someone moved a mobile home onto a vacant lot owned by me. What do i need to do to get them off the property.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Sep 27, 2016
Mark Scoblionko's answer
You can, in order of preference (1) ask/demand that the person leave; (2) demand rent in whatever amount you select, and allow the person to stay; or (3) hire a lawyer and sue the person to compel the person to leave.

Q: I live on a rural private road in PA, 6homes reside on this road with an easement deed. All have to give up 5 ft for

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Sep 13, 2016
Peter N. Munsing's answer
Check your title. Note where the easement is refered to (though it could be a separate document ). Go to the Recorder of Deeds office for your county. Look up the title for the neighbor you mention. See if his title has an easement, or if there is a separate easement recorded. Make a copy of that. The easement is the easement.

Q: I live on s private rural road with 6 others homes, all homes were sold with an easement restriction. All to provide 5ft

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Sep 13, 2016
Peter N. Munsing's answer
Go to the Recorder of Deeds for your county, look at his title and see if there is an easement granted or if one is separately recorded (look at yours to know what you are lookingfor)

Q: Shade Tree Commission and Home Owner rights?

1 Answer | Asked in Municipal Law, Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Aug 17, 2016
Peter N. Munsing's answer
The problem is to get around this you'd have to file some expensive and time consuming legal proceedings that would cost more than the sidewalk bill. If you want to repair the sidewalk you need to get the boro to clear it--and take care of any roots.

Remember--the boro is elected. Get enough people in a boro meeting and apply pressure on the tree commission and you should be able to work out a change in their practices.

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