Legal Question in Real Estate Law in Pennsylvania

My neighbor built a retaining wall that encroaches two feet onto my property. It is 7 feet tall. He did so without survey or permit. During construction I told the owner and contractor that they were near the property line. I was told the township had approved the location and looked at the survey. I came home on the day of completion and knew it was on my land. This was 4 plus years ago. After asking him tomodify wall and him refusing I retained an attorney, letters were sent, they had a survey done confirming encroachment. They refuse to remove or modify. I could sue but the cost is prohibitive with no guarantee of it being removed. I have offered land swap if he pays all legal fees and he refused. The township sent him letters stating he built wall without permit or survey and it does not meet code. Nothing has happend. I am soon selling my house but cannot with the encroachment. Can I remove the portion of the wall on my land myself?


Asked on 2/18/13, 8:21 am

1 Answer from Attorneys

Thomas Kenny Thomas D. Kenny, Esquire

Your best bet is a quiet title action. I would advise you to file immediately. If you want to discuss me representing you, you can email me at [email protected]

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Answered on 2/18/13, 9:12 am


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