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my aunt died in July, we are in process of selling her house. when the for sale sign went up the realtor got an email saying her shed was on the neighbors property. 3 or 4 years ago the neighbor had a survey done while building another house on their property. they found out that approx a tenth of an acre of my aunts yard (my aunts property is 8 tenths) was owned by the neighbor. It appears this was a surprise to him. He never contacted my aunt as he did not want to upset an old lady. our realtor has asked him if he would sell us the property and he said no. would we have any recourse under Squatters Rights in Pennsylvania? My aunt maintained the land in question for over 30 years and the land looks like a natural yard. the realtor said he doesnt think the people who owned the land before my aunt knew about this either, he was at the courthouse looking over the maps etc. when my aunt and uncle (died 5 yrs ago) bought their house they were under the idea that they bought the whole yard.
Optional Information: State/Country relating to question: Pennsylvania Already Tried: asking the neighbor to sell us the land in question. he said no
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.Do you know how long the shed has been there? Or by maintaining the land for 30 years, you mean along with the shed, i.e. that the shed has been there for 30 years?
I know the shed was there when my children were young enough to plan wiffle ball in the yard. they are 35, 37 & 40 years old so at least 25 years, more because I know my oldest wasnt 15. the whole yard has been mowed etc and taken care of for at lease 30 years. the shed is now half on the neighbors land and half on my aunts according to the documents the realtor saw.
Okay, thank you. This falls under what is known as Easement, which is akin to Adverse Possession (squatter's rights), but for a part of the property, and not the whole thing.There are different types of easements. One is an easement by prescription. It is axiomatic that an easement by prescription arises by actual, continuous, adverse, visible, notorious and hostile possession of the property in question for a period of 21 years. Keefer v. Jones, 467 Pa. 544, 359 A.2d 735 (1976); Adshead v. Sprung, 248 Pa.Super. 253, 375 A.2d 83 (1977). Thee issue here is that the possession was not adverse or hostile. Therefore, this does not fit.Your best effort here is easement by estoppel. The essential elements of estoppel are "an inducement by the party sought to be estopped to the party who asserts the estoppel to believe certain facts to exist — and the party asserting the estoppel acts in reliance on that belief. Blofsen v. CUTAIAR et al., 333 A. 2d 841 - Pa: Supreme Court 1975. In other words, you'd have to claim that the other neighbor always knew (or knew back then but forgot, or the previous owner allowed her), and let her have the property on that piece of land for all this time. Then, it is up to the Court to decide.However, to get this easement recognized, you'd have to file in Court with a Petition to Quiet Title and be successful.I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
I am not on a computer that allowes me to print this. can you let me know how to bring this up on my other computer?
Hello,You may print the page by using the "share" button in the bottom right hand corner of the initial question box. If you hover your mouse over it, you will see a print icon.The relevant part of my answer is again below, for your convenience:Your best effort here is easement by estoppel. The essential elements of estoppel are "an inducement by the party sought to be estopped to the party who asserts the estoppel to believe certain facts to exist — and the party asserting the estoppel acts in reliance on that belief." Blofsen v. CUTAIAR et al., 333 A. 2d 841 - Pa: Supreme Court 1975. In other words, you'd have to claim that the other neighbor always knew (or knew back then but forgot, or the previous owner before the current one allowed her), and let her have the property on that piece of land for all this time. Then, it is up to the Court to decide.However, to get this easement recognized, you'd have to file in Court with a Petition to Quiet Title and be successful.I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.