Legal Question in Real Estate Law in Pennsylvania
Right of Way
a RIGHT OF WAY road splits my property into two. My house sits on the left side of the road and the right side property is approximately 10 feet deep and 30 to 40 yards long. My one neighbor built a split rail fence on the ten feet of my property in front of his house and I asked him about it he said it was right of way. Thats fine but can I legally plant trees down the remainder of the right of way in front of the other neighbors houses or is that protected by right of way? If protected by right of way is it legal for the neighbor to put the fence in front of his house on right of way property which is actually my property?
1 Answer from Attorneys
Re: Right of Way
The question that you ask is very difficult to answer without reviewing all the facts and documents supporting the right of way. Building a fence is not a proper use of a right of way. Usually a right of way grants ingress and egress to one's property. Assuming control of land as your neighbor has done could cause the loss of the right of way by adverse possession. That is assuming notorious control and ownership of property of another in excess of 21 years. The result might be that the neighbor or his successors in interest could claim full ownership of the land behind the fence. Be very careful and have this situation reviewed by an attorney as soon as possible to insure that your rights are protected. That is the best advice I can give based on the facts as presented.
Gerald Hershenson
215-579-9390
www.geraldhershenson.com
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