Can We Remove Neighbor's Structures Located on Our Property

[Silvae]

My question involves real estate located in the State of: Pennsylvania.

My company owns a strip of land behind another parcel of land. Recently, we discovered that the owner of the parcel is basically using our strip of land as his own. There is an above ground pool that rests about halfway on our side, as well as a tool shed and small gardens.

We have attempted to contact the owners and have told them in certified letters that they are on our property. We have provided copies of county parcel records as well as the tax assessment maps of our two parcels, but they have not replied. Phone calls are not returned. They are completely ignoring us. Our attempts to contact them have lasted about 6 weeks.

My company is now thinking of sending our guys down there to remove the structures that are encroaching on our land.

Can my company do this? It is our land, after all, but I can imagine a firestorm from the property owners when we start dismantling their above ground pool. I want to know the consequences if my company goes ahead with the self-help plan. Can anyone provide legal advice or case law that may help out here?

Thanks!

[LandSurveyor]

County parcel records and tax maps are without any legal status regarding the location of actual land boundaries on the ground.

I recommend that you get a survey done by a licensed PA surveyor, and ask that all encroachments, if any, be shown on a plat of survey.

If the pool is indeed shown by the surveyor to be encroaching I would recommend contacting the owner of the pool and let them know that they have until a certain date (make it reasonable) to remove the pool from your property or you will remove it at your own convenience after that date and return any remains to their property. I'd send the notice certified mail, regular mail with delivery confirmation, and hand deliver it to their door. It should include a copy of the survey showing the encroachment.

[Silvae]

Thanks for the reply - I'll look into the surveyor to check the property out. It's clear they are on our side, but I see your point: we cannot know for sure, to the foot/inch where the line ends based on a tax map.

If they do not respond to this letter requesting them to move the pool, and we send our guys in there to carefully and respectfully remove their structures from our ground, what should they bring to show the police if the other land owners call them? I'm guessing the surveyor's plan, our deed, the other owner's deed (which shows their property is bordered by ours)... anything else? I just don't want anyone hauled to jail over there.

Also, would the law frown on removing their pool and sheds because it is a "breach of the peace," meaning that self-help is not an option? I'm unclear on how that works.

Thanks!

[LandSurveyor]

First let's see what happens after the survey and letter.

If you feel that the local police might become involved, give them a copy of the survey and speak with a supervisor in advance about your plans, and particularly about the timing.