Legal Question in Real Estate Law in Pennsylvania

Land Owners rights

Our Township Road Department has been taking a little of my land each year when plowing, just recently they took approx., 10' off the edge of my property making it a cliff, instead of a slope. Where they plowed they crushed the pipe that ran under my driveway to allow water to flow down the road when raining. Now with the way they left my property, my driveway is washing away. Water sits in like a pond at the bottom of my driveway when we get heavy rains. One of the superviser came and looked at it and said, ''yes, they did take too much of my land off, but they can't do anything to fix it now.'' Legally, is there anything I can do about this, can I sue? I don't have a lot of money to work with so I hope you can help me. I appreciate anything you can tell me. Thank you!


Asked on 9/12/06, 10:33 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Land Owners rights

You asked about damage to your property done by the road crew when plowing.

First off I hope you are talking about 10 inches and not 10 feet. The former is actually a common problem. Normal street maintainance encroaches and damages private property. Many people including public officials believe that the town "owns" the land adjacent to a roadway. In fact the town usually hold only a title known as public right of way. This is an easement that allows the twon to perform necessary maintaince, allow utilities to string wire and so on. It only allows use of the land and the privilege to prohibit uses contrary to the public need (such as erecting a structure too close to the street). The property owner still owns the property and still pays taxes on it.

Here your property is damaged by the town and they just look at it and say ain't that a shame. You will need to escalate the matter to the point that it gets taken care of. That means getting the town manager or mayor out there if necessary. Yes the town can be forced to restore the property. Towns cannot even widen the road with the proper process.

Unfortunately if the above suggestions do not work out then you will need to sue.

Hope the above helps.

Regards,

Roger Traversa

Read more
Answered on 9/12/06, 11:04 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania