How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36968
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have property and there is encroachment on two sides of my

Customer Question

I have property and there is encroachment on two sides of my property what can I do about it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Can you tell me how long the other parties have been encroaching on your land?

.

Do they have any type of permission to be on the land?

.

Do you have some type of updated survey showing the encroachment?

,

.

thanks

Barrister

Customer: replied 1 year ago.
A very long time but it has been surveyed in the past and the guy pulled the posts out. They do not have permission to be on the land. I told them last year that they had to remove their personal property from my land and he said no. I told him i knew where the property line was and so did he.
Customer: replied 1 year ago.
Can I cut trees down on my property that they are trying to claim?
Expert:  Barrister replied 1 year ago.

Whether or not they can continue to encroach depends on how long they have been there. Under a legal doctrine called adverse possession, if they have been there for long enough, they can claim legal ownership of land they are trespassing on. In Pennsylvania the period of time for adverse possession must be at least twenty-one (21) years. Pennsylvania Code §42-5530

.

So if they have been there over 21 years, they can claim legal ownership of the land and anything on it by filing a "quiet title" lawsuit against you as the legal owner. If they can prove 21 years use, then a judge would issue an order giving them legal ownership of that land.

.

But if they haven't met the 21 year limit, they are just trespassers and you can file a suit for trespass to eject them.

.

And yes, you can cut off their use and occupation of your land by dropping trees on the land and then the ball is in their court as to whether they think they can prove adverse possession or not.

.

.

thanks

Barrister

Customer: replied 1 year ago.
Ok thanks I will start cutting the trees down soon
Customer: replied 1 year ago.
That is all I have.
Expert:  Barrister replied 1 year ago.

You are very welcome. Happy to help any time..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

Related Real Estate Law Questions