Legal Question in Real Estate Law in Pennsylvania
Garage built 40 yrs ago on a right of way.
In Baylor v. Soska the case is about a garage having an addition being built on a disputed parcel of land. The Baylors purchased the property from Mrs Hanecak and then proceded to tear down the addition on the disputed parcel of land replacing it with a framed structure. The neighbor disputed this in court and won eventually because the garage was not built or located on the land described in the deed.
My question is, What if a building(garage) is built on land described in a deed, but it is built on the right of way? Each deed discuses this right of way as "researving the free and uninterupted right, use, liberty, and priviledge of a certain 8 feet driveway laid out partly on the premises". The garage has been on the right of way for over fourty years and not one of the adjoining land owners who has use of the right of way has disputed the garage in question. The properties have changed owners over the years, and there is no record of any complaints about the garage. The new owner of the adjacent property wants the owner of the garage to tear it down because it is in the "right of way".
Are there any cases which reference a case like this? Does the property owner of the garage have to tear it down? Could adverse possession be used in a case like this? The opposing neighbor is using Baylor v. Soska as his reference against the property owner of the garage.
2 Answers from Attorneys
Garage Built on Right of Way
The facts of the situation have to throughlyevaluated, but I feel you may have a claimfor adverse possession. Adverse possession convers a situation where there is a disputeto ownership and there was open and notorioususe of the land for in excess for 21 years. I do not believe the fact that it is a right of way changes my opinion. However, I would haveto research the law and fully inspect the deedas well as evaluate the facts before an opinioncan be given. The strong potential to allowthe garage to remain exists because of the adverse possession argument.
garage on right of way/driveway
Generally, when there is a right of way for driveway purposes, all neighbors who share the driveway must respect it and not obstruct it. When someone does obstruct such a driveway, the other neighboring owners who have the right to use the driveway should object. This objection may take the form of a letter sent certified mail, return receipt requested (to give evidence of its receipt) as well as via ordinary mail (since the certified mail may be refused) to the person obstructing the driveway. Unfortunately, this may not solve the problem. The next step would be to consult a local real estate attorney to investigate the costs and utility of suing to enforce the right of way. The attorney would need to see the document - recorded deed, easement or right of way agreement - to analyze what rights and obligations it created. It is also useful to prepare a factual chronology of events, detailing the use of the driveway since its creation, when the obstruction occurred and how and by whom, the reactions of other owners entitled to the right of way to the obstruction, and the responses, if any, by the person obstructing. You may also wish to include photographs showing the driveway and its obstruction.
Here, the attorney would also have to do further research into the question of adverse possession, based on the long period of existence of the garage on the right of way without any objection.
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