Legal Question in Real Estate Law in Pennsylvania

tree branches obstructing use of driveway

the home i just purchased has a driveway and 1 car garage at the end. the whole length of the driveway is lined with huge trees both tall and wide that seperates my home w/a empty lot. the lot once belonged to the property i live in but was purchased by a woman whose property sits in the front of the lot. (the lot is now her extended backyard) my husband and i cannot fit our van (minivan) down the driveway because if you open the doors to get out, you will have these branches in your face, literally, let alone get out and walk around your vehicle. the tree stalk is about 1-1 1/2 feet from my line (according to the survey)but the branches and the debris that falls from the trees are on my property. there are roots damaging the asphalt also. the neighbor who owns the lot says we better not cut those branches because they are her trees and it will kill the tree to do so. i want to park in my driveway (one of the main reasons i bought the house) and dont know what to do. should i just go ahead and cut the branches since they are on my property??/ please help.


Asked on 4/05/04, 2:48 am

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: tree branches obstructing use of driveway

The matter must be reviewed in detail. I suggest you consult an attorney. The first issue is whether your lot was granted access by easement. The tree may be trimed if the access is being blocked. It is not clear to me whether the driveway is completely on your property. If you were granted an easement you have the right of access and egress. If the driveway is on your property and is blocking access you have the right to trim the trees.However, this matter must be reviewed in detail by legal counsel before you take any action. Gerald Hershenson Esq. 215-579-9390

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Answered on 4/05/04, 8:40 am


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