Printable View
My question involves real estate located in the State of: pennslyvania
My neighbor's big grinder pump is located 40 feet into my yard from the property line. Neither of us owned the property's when it was installed there is no easement. Do I have legal rights to have them remove it from my property or would it fall into a grandfather type clause? there water line also runs under my property, therefore, I can not build anything on said property.
is this pump owned by the neighbor or is it part of a public utility service?
how long has the pump been there?
were both properties part of a common parcel when the pump was installed?
It is owned by the neighbor and has been there for allmost ten years and the parcels are separate. neither of us owned these property's when it was insatalled.
that is why I asked if the properties were always separate or if they were possibly conjoined when the pump was installed.
do you know who installed it?
Yes when my father in law was alive he had them put in when he owned all the property's. he was a great guy but did some strange things.
you have no right to demand it be moved. The person that put it in had a legal right to do it. When you purchased the property, it was a known encumbrance. It is what it is.
encumbrance (incumbrance) n. a general term for any claim or lien on a parcel of real property. These include: mortgages, deeds of trust, recorded abstracts of judgment, unpaid real property taxes, tax liens, mechanic's liens, easements, and water or timber rights. While the owner has title, any encumbrance is usually on record (with the County Recorder or Recorder of Deeds) and must be paid for at some point.
No easement or record of payment for said location. On a lighter note no property owner should have to deal with something protruding from the ground that has to deal with something that is not theres.
You're not processing what jk has told you. Your father sold this land after having placed the grinder pump serving that land on the retained parcel. They have an implied easement for the grinder pump and they did pay for it - when they bought the land from your father.
I guess im not because my father died and my sisters sold the property not knowing anything. or where anything was placed.
Your father? Is that the father in law mentioned above?
The fact is; he had the legal authority to place the pump wherever he wanted to because he owned all the property. When a person sells property, they are required to disclose known encumbrances such as the pump. If they were not aware it was an encumbrance, they did nothing wrong. The onus is then upon the buyer to investigate the possibility of unknown encumbrances and either refuse to accept the encumbrance or accept it. That is but one reason why people should hire a survey when buying property.
If a buyer fails to investigate the situation, they accept the situation as it is.
So, the pump was legally placed. Because it was legally placed, when the property is sold, there is an implied easement that allows the pump to remain. Therefore, the time to argue the placement of the pump is when you purchase the property. You either failed to argue the placement or knowingly accepted it. In either case, the pump has the right to remain where it is.