Legal Question in Real Estate Law in Pennsylvania
property line conflict
My elderly parents 2.5 yrs ago bought a house. A new neighbor moves in next door like about a year ago who did a property survey of their land. Turns out that about 6 inches of my parent's driveway is over their side but the driveway not straight on that side. Its a two car length driveway and its over about 6 inches at the sidewalk and gets gradually less to nothing over as you go about halfway into the driveway. Back farther there is an old fence thats been there since the house was built (50+yrs) that part of it is on the property line too. The neighbors threaten to go to court over this matter if my parents don't fix the driveway or sign a paper that says that the property line does what it does edging the driveway. The previous owner of my parents house said the driveway was that way when they purchased it and there was no issue with it. The Title insurance company that was used for my parents house does not cover property line issues as it states in the paperwork. What can I do to stop the neighbors from bothering my elderly parents from this nonsense? Thanks for reading and responding via email.
1 Answer from Attorneys
Re: property line conflict
Unfortunately, there is nothing that can prevent the neighbor from harrassing your parents. The neigbor certainly is using poor judgment I suggest you obtain a lawyer. If the use of the property was in excess of 21 years, your parents can claim that they obtained ownership by what is called adverse possession. A lawyer can assist you in evaluating whether it can be established. The fence appears to meet the criteria, but the driveway may not. If I can be of any assistence, please call me. Gerald Hershenson 215-579-9390