Legal Question in Real Estate Law in Pennsylvania

Boundary dispute

We purchased our property in 1995 and found out that our neighbors garage was built over the property line. As soon as we found this out we notified them and trying to be a good neighbor left it go with the understanding that if they every sold their property they would need to take care of the property line issue first. They are now selling. Question is: Do we have any rights? This garage was built back in the 6o's, isnt on the township records or in the county courthouse records. The neighbors property has been sold 4 times since the garage was built, no one has every questioned this until now. In fact, when our property was surveyed in 1989 the surveyor went over and told the property owner about the discrepancy, he then turned around and sold the property to the current owner, who managed to get a mortgage because no one let the bank or title company know about the property disrepancy. We recently had the property resurveyed and notified the current owner again of the discrepancy, she is still planning on selling her property, and has told us that she has the right to file for adverse possession, even though she has owned this property for less than 15 years and we maintained the property for the last 5 years. Please help


Asked on 9/04/05, 8:53 pm

1 Answer from Attorneys

Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Boundary dispute

You need to immediately retain legal counsel or possibly forfeit this portion of your property. Upon retaining legal counsel you will also need to have your property surveyed and then compare this survey to your deed....also do you have title insurance, in the even this matter goes to trial, your title insurance policy should pay for your litigation and if you lose reimburse you for your loss. However, if you didn't buy title insurance you better get ready to shell out some serious cash.

Best of Luck,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

412.731.0865

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Answered on 9/05/05, 5:53 pm


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