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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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my neighbors chimney and roof overhangs two feet over my property.

Resolved Question:

my neighbor's chimney and roof overhangs two feet over my property. the surveyer has assured and marked the land as so. what are my legal rights if i want to put up fencing or plant flowers on this two feet of property. neighbor is just as upset about this as i am and we need to fix the problem. thanks so very much for your answer.
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  Law Pro replied 8 years ago.

You are limited.


How long has this problem been there to the best of your knowledge?


How long have you lived there?


How long has the nighbor lived there?


Are you good friends with the neighbor and want to remain that way?

Customer: replied 8 years ago.
i have lived here about 14 years and the problem has been here since i bought the house . neighbor has lived there about 7 years prior to my acquiring the property. it's on again off again i don't think it will matter much unless one of us sells
Expert:  Law Pro replied 8 years ago.

Yes, it's a "cloud" on both your titles.


First, it would seem that the problem has been there for 21 years and therefore the owner has obtained an easement by presscription in the property to the extent it overhanges into your yard.


The law in Pennsylvania - is generally if a neighbors property encroaches into your yard you can yank the property out by it's roots or whatever to stop/alleviate the encroachment. Things like trees and shrubs are examples of things that will grow back if not yank out by their roots.


You two are going to have to get an attorney to draft an easement for you to file it at the Recorder of Deed Office which will remove the "cloud" on the title for both of you.


The easement only has to be large enough to encompass the encroaching roof and chimney.


I know that you possibly don't like giving up your property - but your stuck and you both should get the problems solved.

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