Legal Question in Real Estate Law in Pennsylvania
property filled in by Penn Dot now deamed as wet lands by DEP
PennDot has been filling in a parcel of land that I own since around 1999. I was turned into DEP for filling in wetlands a few weeks ago. After some talk they have determined that PennDot is mostly responsible and that they will be removing the fill. I don't want the fill removed since I was planning to build a garage. My deed states that there is to be a drainage ditch across my property to lie at a depth of 18'' 3' wide at the top and 2' wide at the bottom to be kept open by a third party his heirs and assigns forever. The ditch has not been kept open since I have owned it and if it was should the land be considered wetlands? What are my rights on keeping my fill. Since DEP says it has to be removed can I consider charging a fee to penndot for storage? Is there anything you can think of to help me out?
1 Answer from Attorneys
Re: property filled in by Penn Dot now deamed as wet lands by DEP
You asked a question with many answers.
You can get different answers depending an who you ask and what result they would like to see. the question you need to ask is what result do you want and how can you get there.
Hire an attorney. Just because PennDot placed material on your land without your permission does not mean they can come in to correct the problem without your permission. This problem can have many different solutions depending on what stakeholders get to have input.
Maybe the ancient drainage ditch will have a bearing on the wetlands, maybe it won't. Maybe the DEP or PennDoT need to get your input or permission for any further work, maybe they even need to compensate you.
You can listen to what the other stakeholders will have to say or make them listen to waht you have to say.
Regards,
Roger
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