Legal Question in Real Estate Law in Pennsylvania
Open Water Course Easement
We built our home 27 years ago. Our neighbor has lived next to us 16 years. In 2008 the neighbor decided to elevate the portion of the open water course easement that runs behind his yard. This new elevation was achieved by dumping massive truck loads of various content into the water course easement. Now, his yard is higher than mine resulting in substantial amounts of water collecting at the base of our back yard. Our property is now lower in elevation than everyone's who runs along the easement which affects about six or seven homes in total. We expressed displeasure to the township authorities, but they told us that a person could do whatever they wish to the easement. I told the officials that the new elevation has water running contrary to the original direction within the easement. Water is settling as a pond at the base of our backyard. The water easement was designed to accommodate unimpeded water flow in the event of run off or flooding. They tell me there is nothing they can do because there are no laws in Pennsylvania specifically determining what can and cannot be done with an open water course easement. We contacted the township when this all began, but they didn't stop the neighbor. Is the township correct?
1 Answer from Attorneys
Re: Open Water Course Easement
Yours is a complicated situation and requires a review of all documents relating to your purchase of the property and to the easement.
You should consult a lawyer in your County who concentrates in real estate. Many lawyers say they are able to handle real estate matters, but this situation is not as clear-cut as helping the buyer or seller of property with a settlement.
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.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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