Legal Question in Real Estate Law in Pennsylvania

My neighbor had his land surveyed and it appears that his survey is correct and mine was not. My surveyor has agreed to "make things right." However, my neighbor is one of the apparent hiers to the property and the deed is not in his name, it is still in the name of his deceased aunt. I park a vehicle on property he claims and have a shed and a fence on the same property in question. Is the property he claims to be "his" really "His?"


Asked on 4/23/12, 12:40 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

1. If your neighbor's survey is correct and yours is not, your surveyor cannot "make things right" except by providing you with a new correct survey without charge. The surveyor cannot change the property lines of your property. The survey has to follow the previous deed or markers that were set defining the lines at an earlier time.

2. The fact that the neighboring property is still titled in the name of the deceased does not necessarily make the property not his. It depends on if his aunt had a will and she left the property to him in the will, or if she did not have a will, if he is a legal heir entitled to an interested in the property because there are no other surviving heirs ahead of him with greater rights to the estate assets.

3. If your shed and fence are on your neighbor's property, this will have to be resolved between you; he, or whoever the legal heir is who will own the property may permit you to use your shed and fence but will probably want to have an agreement that your use does not change the ownership of the land. If he won't agree, he may require you to remove the shed and fence.

To figure our you rights in your own and the neighboring property, consult a local real estate lawyer.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

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Answered on 4/23/12, 1:39 pm


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