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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My issue is our township vacating a Paper street under the

Customer Question

My issue is our township vacating a Paper street under the premiss of the 21 year rule ***** ***** though there is a utility under it (a storm drain) can they release ownership to the neigboring property owners?
JA: Thanks. Can you give me any more details about your issue?
Customer: We are located in Upper makfield Township, Bucks County , Pa 18977
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under PA law, where a municipality does not open the street within the twenty-one year period set forth in Section [1 of the Act of
1889], the abutting lot owners acquire the fee in the street to the center line. . . . see: Leininger v. Trapizona, 645 A.2d 437, 440 (Pa. Cmwlth. 1994). If they have not done so despite you filing a request to them, then you can seek to sue them for a ruling of ownership reverting to the abutting owners. The reversion to the abutting owners would be subject to the utility easement which would remain in effect.