Legal Question in Real Estate Law in Pennsylvania
On street parking and easements
I live in downtown Harrisburg, PA. Nearly all parking is on street. The deed for my property describes the boundary as the center of the street. I assume there is an easement for the street to provide a transportation corridor. Because the I own the property to the center of the street, do I have any rights to restrict curb side parking on my property? I cannot find any applicable local ordinances on this.
2 Answers from Attorneys
Re: On street parking and easements
Some how I do not think you will find any such ordinance. Besides your deed only gives you ownership up to the street. It may have been drafted improperly or you may be misreading it. None of the deeds I have seen in Harrisburg say the property runs to the center of the street.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: On street parking and easements
You asked about an public right of way easement.
You are correct that your property is marked from the center of the street. That's the way it is in much of the Country. You are also correct about the public easement. Think of it this way. If the city decided it didn't want to maintain the street any longer and didn't care what was done with the property, then you would be able to expand your front yard to the center of the street.
But, that doesn't give you any right to prevent parking on the street as long as it's a public right of way. Nice thought, but the police would never be able to get any work done for all the parking complaints to deal with.
Regards,
Roger