Legal Question in Real Estate Law in Pennsylvania

Re: Easement

If you purchased title insurance and a survey at the time of your purchase of the property, and no such easement was show in the title insurance commitment or on the survey, you may have claims against both the title insurance company and the surveyor.

However, you should take all of your purchase documents and the documents that the neighbor has shown you about the easement to an experienced real estate lawyer in your county to evaluate the situation and advise you what your rights are.

Re: Easement

You asked about an easement.

If you used a loan to purchase the property you probably were required to buy title insurance. That is exactly what the insurance is for, to insure against things popping up. You may have claims against both the title insurance company and the surveyor. The seller's failure to disclose may also be an issue.

But, as to the right to put a garden in? You neighbor doesn't have a say. Easement generally gives the rights holder some access to the property for a specific purpose but does not bar the use of the property by the servient property owner. Your neighbor could sue and prevail if you intended to build a permanent structure. Even a semipermanent structure _may_ be a problem. But a surface garden will not be an issue nor will a fence around such a garden. The neighbor cannot dictate how you use your property. Period. Your responsibility is that you don't occlude or damage his rights and his responsibility is that he doesn't occlude or damage your rights.

Think of it this way, if he needs to get to the septic field what does he have to do now? Dig up your lawn. He would have to restore it right after doing so. If you put in a garden, he would still have the same rights and responsibilities.

Regards,

Roger

However, you should take all of your purchase documents and the documents that the neighbor has shown you about the easement to an experienced real estate lawyer in your county to evaluate the situation and advise you what your rights are.