Legal Question in Real Estate Law in Pennsylvania
Aquired rights to private property
My husband and I recently received a letter from a neighbor (actually his attorney) about a portion of a piece of property we recently became owners of (it was his parents property) and started construction on. The letter stated that he had ''aquired rights to the property opposite his residence for parking purposes'' and that he would not cause us any problems, but with prior notice allow us temporary access to his parking area (which is technically our property). The property has been owned by my husbands parents for 15 years. How could he have gotten these ''aquired rights''. He has only lived there since 1989.
2 Answers from Attorneys
Re: Aquired rights to private property
The issue may be adverse possession. To claim property through adverse possession, the party acquiring must meet a four prong test. I cannot tell from the facts if that test has been met. I would suggest you resolve before you continue to construction because you made need the court to step and provide an action for quiet title. You can call my office for a free initial consultation.
Brandon Barnett, Esq
412-916-1677
Re: Aquired rights to private property
It is difficult to answer your question without doing a title search. There is a possible claim for adverse possession if the neighbor can demonstrate a use that was open and notorious for a twenty one year period. I suggest you seek legal cousel. If I can be of assistence please let me know. Gerald Hershenson 215-579-9390
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