Legal Question in Real Estate Law in Pennsylvania
Right of way
We recently sold a home in which the driveway had a right of way through an unnamed paper road that the township never built. (it was to be used for additional acces to an apartment complex next to our former home) the unnamed road was on a vacant field that had no known owner at the time. at the time of the sale of the house, a neighbor aquired a deed for the vacant property in which the unnamed road is on. he is now intent on suing our real estate agent and us because he says he owns the driveway now and we shouldn't of been able to sell. the current owners know of the paper road, it was surveyed and marked. the driveway has been there and used for 42 years, it was put in by the neighbor's grandparents.Can he sue?
2 Answers from Attorneys
Re: Right of way
He can sue, but he's going to have very hard time winning. As a practical matter, if you sold the property to a disinterested third party, chances are high that whomever bought your house purchased title insurance. Unless you did something to fraudulently conceal the existence of the right of way, it is most likely the title insurance company would defend the case. If you are named in the lawsuit, I suggest getting a lawyer to advice you, even if the title company is defending the suit. Barring something unusual, it will not take much time to protect your interests and will not cost you much money. But it is much better to be safe, because there is a lot of information which will need reviewed that you have not provided in the question.
Re: Right of way
Mr. Shapiro is correct. This would be a simple matter, if you are located in the Pittsburgh area, you can call my office and we can discuss the matter but generally you should not have any responsibility.
Brandon Barnett 412-916-1677
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