Legal Question in Real Estate Law in Pennsylvania
adverse possession for driveway?
My husband and I live in the house that his parents bought in 1979. Our ''driveway'' is actually supposed to be a road that leads into a development that doesn't exist. The owner of the land couldn't put a development in and our house is the only one there. We stone the driveway and clean the snow from it when it snows. Is there any way to acquire ownership of this ''driveway''? We would like to pave it but don't want to do it if later on there is a development put in even though that is unlikely.
2 Answers from Attorneys
Re: adverse possession for driveway?
Under the rules of adverse possession, if you have open, hostile, continuous ,and exclusive ownership of the property for a period of twenty years, you could obtain the property through a quiet title action. Or through continuous use, you may bring an action for a prescriptive easement in 20 years.
Re: adverse possession for driveway?
Your in-laws' deed may say something about your right to this driveway. If it does not, but they purchased the property as part of the proposed development, they may still have rights to the driveway. Look for their title insurance policy, which may refer to other development documents that were recorded at or before the date of their purchase.
You should consult with a local real estate attorney in your county to help you determine your rights and if you actually have to bring a legal action to confirm your rights to the driveway.
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