Legal Question in Real Estate Law in Pennsylvania
Builder claims easment, deed is silent
About a year ago, a developer began work on what had been a vacant lot immediately contiguous to my back patio, which extends 12 feet from the back of my house. This was not unexpected; when I bought the house, I knew someone owned the lot and was planning to build.
The bricklayers hired by the developer did a very sloppy job and caused damage to my patio - splattered mortar all over the place. In addition, the developer had his contractor cement over a storm drain that I believe is on my property. The developer claims the drain was not hooked up to the municipal sewer system and was pouring water into the basement of his new building, so he took the liberty to seal it. In any case, he says the drain was on an ''easment'' and though it appeared to be on my property - about a foot onto my patio, in fact - that he had the right to do it. My deed says my my property extends ''48 feet northwardly,'' or the entire distance from my front door to the edge of the wall he built on the south end of his property.
Is there something I don't understand about the concept of an easment? Can the developer just come onto my patio and cement over my drain?
1 Answer from Attorneys
Re: Builder claims easement, deed is silent
Easements need to be recorded. Either separately or as part of your deed. There has to be some notice to you that it exists. Even if it was just an agreement it need to be in writing.
Absent an easement and I don't know any that would permit the contractor to do what you claim he has done. I don't see how he has any basis to allow his actions.
If you have any questions feel free to contact me the initial consultation is free.
{John}
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