Legal Question in Real Estate Law in Pennsylvania
Can he prevent me from accessing my property?
I'm sure you hear this all the time, but my new neighbors got a new survey which indicates they own up to 7 inches off my the side of my house. The houses are very close and I knew the boundries were close, but it was never an issue before. I have lived here 10 years. They put up a line running between the two stakes and now I am not allowed to go over the line. It is impossible to maintain my home on that side by staying on 7 inches. I cannot access my cellar windows, repair siding, paint cement block or even read my gas meter which is on that side of the house. The other day I was checking my french drain and my foot fell over the line and he came running out of his house swearing at me and called the police. Now he has a truck parked between the two houses that is blocking my gas meter and the whole side of my house. Do I have any rights in PA to access my home for repair/maintenance? Is there a procedure I have to follow as far as telling the neighbor I am doing this?
2 Answers from Attorneys
Re: Can he prevent me from accessing my property?
First off have you ever had a survey done yourself, secondly, when you purchased your property was this disclosed in the title search, and finally, yes you have a right to access and maintain your property you will need to petition for an Easement if one has not already been granted.
In other words you need to act as soon as possible and retain an attorney who can act on your behalf to resolve this situation.
My office offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
Re: Can he prevent me from accessing my property?
Your deed may contain an easement so that you may cross the property line to maintain your property. If there is no easement you may have a case for either adverse possession or an easement for private use. With the neighbor calling the police for stepping over the line you should contact an attorney as soon as possible. I offer free consultations.
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