Legal Question in Real Estate Law in Pennsylvania

home boundries

my neighbors want to put a 5 inch wood planks along the edge of our driveway. They say that rain and snoe go on there property and is slowly eroding there yard. there is a common alley that divides our property but it is unused.

they say that our driveway was built on some of that alley therefor thay have a right to put a barrier there. the house was built 14 years ago. we moved in 1 year ago.

i consider that our property and say that they can't but that barrier on our driveway. They should have said something about building some of the drive way on the common alley when they biult the house. its about 1and half feet intothe commom ally. Cars can not pass on the ally its just grass and trees


Asked on 11/22/05, 9:24 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: home boundries

First, you need to check the tape map or survey that was done when you purchased the house. This should show where you driveway is on your property. You would think the lender would have checked but you can't count on it. This will establish if your neighbor is correct.

Assuming that your driveway is total on your property. You can then go and show your neighbor. I would expect he has a map of his property. If possible try to sit down and discuss the situation. He clearly can put anything on your property. However, you might be able to compromise where he can put something on his property. After all you're going to be neighbors for a long time. If you can not come to some type of agreement then you need to send a letter including a copy of the map and stating you don't agree to his placing anything on your property.

If he persists contact either myself or another attorney and get this resolved.

{John}

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Answered on 11/23/05, 8:43 am


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