Legal Question in Real Estate Law in Pennsylvania

I am purchasing a home and when i looked at the home the owner said he had a right of way on the property but there was no road in place . i have since decided to purchase the home and have had it under contract for the last 45 days but haven't closed yet . yesterday the owner started putting in a road on the right of way and in doing so he removed a 4x6 concrete pad that housed the propane tanks for the home . Also the road is running right beside the garage and i am now worried about him running heavy equipment right along side of the garage and damaging the foundation and possible water run off from his new road . Can he do these things with the home under contract ?


Asked on 11/08/12, 7:35 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Yes it's still his land. Now you might want your lawyer to get an agreement to indemnify you in case this construction damages the property. You do have a lawyer don't you?

{John}

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Answered on 11/08/12, 7:45 am
Miriam Jacobson Retired from practice of law

Mr. Davidson is correct. You also should have your lawyer carefully review your contract, to see if it permits the seller to make such changes without the buyer's consent. Also, a survey would help to establish exactly what's on the ground and a title insurance commitment would show what has been recorded with respect to the right of way and other limitations on the property.

What does the right of way lead to? is it to another property of owner's?

A right of way is one thing, but the changes being made seem to go beyond having a right of way.

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Answered on 11/08/12, 9:09 am


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