Legal Question in Real Estate Law in Pennsylvania

Adverse Possession?

I have owned my home for 20 years. No survey was done at the time of purchase. The previous owner told us that the property line on one side ran approximately 15 feet from the edge of the driveway and included a line of trees planted when the house was built 30 years ago. I have the landscaper's drawing showing a sketch of property and the trees. I have cared for the trees and mowed/fertilized the strip of land for 20 years. My neighbor has mowed up to the approximate line for 25 years.

Three years ago my neighbor had his property surveyed and the survey shows the property line running at an angle from the street toward the bottom of my drive, not parallel to the drive as assumed, taking three of the six trees and placing my shed about a foot from the new line.

I discussed this with my neighbor and he said that he was surprised that the line was not where he had thought it to be for 25 years. He gave me no indication that he intended to physically claim this strip of land.

I anticipate selling my home early next year.

Should I consult an Attorney first, or should I ask my neighbor to sign the property over to me if I pay for a survey and documentation.

Thanks,


Asked on 7/02/06, 11:31 am

1 Answer from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Adverse Possession?

I suggest you consult with an attorney. You could negotiate with your neighbor. I suggest you consider an easement with the right to occupy the dispute land. Gerald M. Hershenson Esq.

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Answered on 7/02/06, 12:12 pm


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