Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can you tell me if the driveway apron (access way) which is…

Customer Question
Can you tell me...

Can you tell me if the driveway apron (access way) which is between the sidewalk and the street, is for pedestrian use to cross the street or is it trespassing?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

We went to court so that the Homeowner's HO Insurance would pay for the money that Medicare wanted and for my hospital bills. I fell on the broken driveway apron and broke my hip. The HO attorney told our attorney I was trespassing. Two judges told him if he used that argument he'd lose in a Philadelphia court. The 8 jurors agreed with their attorney that I was trespassing and that the HO did not have malice. The Homeowner admitted they knew for four years this was in disrepair, and and we lost the case.

Lawyer's Assistant: Have you talked to a PA lawyer about this?

Yes, the lawyer was with us at the trial. He was confident it was not trespassing but the judge in Philadelphia said she was not familiar with the laws in our county, which was not Philadelphia, so she left it up to the jury to decide.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wanted to know if we had any recourse now that the jury decided against us. I broke my hip and femur, had three titanium screws in my hip to repair it and am still not completely 100% as I was before the injury. I did suffer, had to have needles in my stomach for a month to prevent blood clots and had to go to Physical Therapy. I used a walker for 3 weeks and a cane for a few months until I could balance without it.. I still experience discomfort and pain and if I walk any distance over a mile, I begin to limp.

Submitted: 9 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 hour by:
11/10/2017
Real Estate Lawyer: Seattle Scott, Lawyer replied 9 months ago
Seattle Scott
Category: Real Estate Law
Satisfied Customers: 1,003
Experience: I have 25 years experience as a Washington State Real Estate Attorney
Verified

The only recourse is to file an appear from the jury verdict and the notice of appeal usually has to be filed within 30 days from the final dismissal order from the trial court, which usually takes place a couple of weeks after the jury verdict is read in court. You trial attorney will know the deadlines for an appeal. You can also ask for a judgment not withstanding the verdict - ask the judge to determine as a matter of law that the jury got it wrong. It is very rare for a trial judge to not follow the verdict.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Seattle Scott, Lawyer replied 9 months ago

I should add that you don't owe Medicare any repayment because there was no money recovered from the HOA.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Seattle Scott, Lawyer replied 9 months ago

I will follow up with you tomorrow

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Can you answer my question as to if it is okay to walk on a driveway apron to cross the street? This was at a corner & there were no cutouts, . Only the apron or the grass buffer would have to be used to get from the sidewalk to thd Street to cross to the other side.
Real Estate Lawyer: Seattle Scott, Lawyer replied 9 months ago

My assumption is that normally the land from the side walk to the street curb is public property, but you fell on a driveway apron that was in a neighborhood that had an HOA. It may be that each home owner ownes the land where the driveway crosses the sidewalk, so it is private property from the street curb across the sidewalk and the HOA has an easement where the sidewall cuts across the private driveway. If that is the case, you had permission to use the sidewalk but not the apron. It really depends on the specific recorded title docs when the HOA was first established. Conversely, the driveway apron in front of my house is public property, so pedestrians are not trespassing when they walk on it to cross the street.

The other issue is whether a public easement was created as the result of the homeowner not objecting to people using the apron as the route to cross the street, but your trial lawyer would have raised this issue at trial if the facts supported it.

So I can't answer the question of whether it was error for the judge to instruct the jury that they could find that you were trespassing since it is dependent on the legal description of the parcel that owned the apron, rather than some statutory law.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Seattle Scott Your Own Question
Seattle Scott
Seattle Scott
Seattle Scott, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,003
1,003 Satisfied Customers
Experience: I have 25 years experience as a Washington State Real Estate Attorney

Seattle Scott is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a question regarding an easement dispute. I recently
I have a question regarding an easement dispute. I recently purchased a house. There is an easement across my property for the benefit of my neighbor. She has legal access for pedestrian ingress and e… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have had an incident with a guy tgat was supposed to trim
I have had an incident with a guy tgat was supposed to trim a tree early in the day. We had a few contacts started by me. Which he had promised to be at my home by a specific time. Several hours later… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
I became disabeled in jan 2016 after a hip replacement surgury
i became disabeled in jan 2016 after a hip replacement surgury and 2 knee replacements and back surgery and 2 eye cateracts . i have been in a wheel chair and a walker. my granddaughter and her fiance… read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
I damaged my car pulling out of garage in part due to a
I damaged my car pulling out of garage in part due to a improperly installed driveway, can I sue the builder?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
I live in Pennsylvania and am the only occupant of my single
I live in Pennsylvania and am the only occupant of my single family home, which I own. Next door, approx. 15 foot away, is a 3-unit apartment with a side entrance for the 2 upstairs tenants. In betwee… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
We own a week every other year at a Lake Tahoe timeshare. Near
We own a week every other year at a Lake Tahoe timeshare. Near midweek, we did our own mid-week cleaning and trading out of towels, sheets, etc. We did this exchange through the office (since the clea… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
We have a new cable company installing lines in our neighborhood
We have a new cable company installing lines in our neighborhood and they are installing the main cable runs inside of the sidewalk on the owners property. They claim that there is a "utility easement… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are there any laws that prohibit a homeowner from parking up to his property lines in fron
Are there any laws that prohibit a homeowner from parking up to his property lines in front of his home in Colorado Springs? A policeman said that on the street, we had to park 5' away from our neighb… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
Im a having a altercation with my neighbor regarding a drive
I'm a having a altercation with my neighbor regarding a drive way that divides the property. I purchased the driveway to add more value to my home, however when I informed the neighbors they continue … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I live in Queen Village, Philadelphia. I happen to have a large
I live in Queen Village, Philadelphia. I happen to have a large tree in my urban sized garden, which was there when I moved in 10 years ago. I have taken good care of it, had it treated with growth in… read more
socrateaser
socrateaser
1,031 satisfied customers
My neighbors tree roots are destroying my driveway and sidewalk.
My neighbor's tree roots are destroying my driveway and sidewalk. I've spoken to them about the problem and even offered to split the cost of having the tree removed, but they still refuse to remove t… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Can a sewerage / water company come on someones property to
Can a sewerage / water company come on someone's property to do boring without contacting the property owner. My yard has been destroyed and cable tv coaxial cable cut in order for the company that ow… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We seek your legal opinion regarding the propriety of filing
We seek your legal opinion regarding the propriety of filing a Summons & Complaint with the local Magistrates Court here in Aiken County, SC. The amount involved would be less than $7,500. We seek you… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
My question concerns the legality of parking on the sidewalks
My question concerns the legality of parking on the sidewalks within a condominium complex. I live in a forty-nine unit condominium complex in Redwood City, California. The complex consists of one pri… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hello; I live in a suburb in Illinois where my next door neighbors
Hello; I live in a suburb in Illinois where my next door neighbors continues to use the slope of my driveway for their convenience. They use the slope that leads to my driveway 24 hours a day 7 days a… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
Someone has parked their truck in my driveway without my consent.
Someone has parked their truck in my driveway without my consent. I don't know who they are or if the vehicle is even running. I woke up this morning and it was there and it's still there this evening… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers
The county contractor maintaining the right of way behind my
The county contractor maintaining the right of way behind my house, without my knowledge or permission, cut that part of my viburnum hedge hanging over the wall on the property line. I was letting it … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I need to know my rights or liability for a walkway I have
I need to know my rights or liability for a walkway I have from my from my house to the street. I live in a town home and the town home owner (end unit) next door always parks his van directly in fron… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x