Removal of Driveway at Our Expense

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

A piece of our neighbor's driveway is sitting on our land. Our neighbors are hostile and we want to remove it and put up a fence. The piece of driveway we would remove would not have any impact on them using the rest of their driveway. We sent a letter stating we are removing the driveway at our expense and if they want the material we remove to inform us by certified mail. Is there anything they can do to stop us from removing the enchroachment. We had the land surveyed just to prove the existing land pegs were correct and they were. These neighbors knew when they bought the house that their driveway was on part of our land.

l.

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Is there anything they can do to stop us from removing the enchroachment.

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sure. they could call the police who will likely tell the both of you it is a civil matter and to take it to a civil court. They will possible (likely) admonish you to refrain from destroying any of the neighbors property until a court says it is ok to do so.

They could also head to court to seek an injunction restraining you from damaging the drive.

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We had the land surveyed just to prove the existing land pegs were correct and they were.

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Ok and? Ever hear of a presriptive easement or adverse possession? You have not given any information to make a determination if either of those possibilities exist nor have you given reason to believe they are not a possibility.

How long has the driveway been in place? What's the approximate size of the encroachment (X inches wide, Y feet long)?

Have you checked local ordinances to verify rules on boundary fences, and whether there is a setoff requirement from the property line?

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Quoting JakeeVern

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

A piece of our neighbor's driveway is sitting on our land. Our neighbors are hostile and we want to remove it and put up a fence. The piece of driveway we would remove would not have any impact on them using the rest of their driveway. We sent a letter stating we are removing the driveway at our expense and if they want the material we remove to inform us by certified mail. Is there anything they can do to stop us from removing the enchroachment. We had the land surveyed just to prove the existing land pegs were correct and they were. These neighbors knew when they bought the house that their driveway was on part of our land.

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There is no easement and adverse possession should not apply since they have only owned the house since 1999.

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Quoting Mr. Knowitall

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How long has the driveway been in place? What's the approximate size of the encroachment (X inches wide, Y feet long)?

Have you checked local ordinances to verify rules on boundary fences, and whether there is a setoff requirement from the property line?

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encroachment is pie shaped............44 w x 14 l...........extra piece of driveway to park an extra vehicle on

yes we know the ordiances and setoff requirements...........the reason why the driveway is our lot is because the original owner owned both lots........we he sold it, he sold our lot separate......we never had intention of fighting over this piece of land, but the neighbors are psycho...........they come out and yell at us and tell us we are on their property and we can't plant anything.....and it goes on.......i could write a book.......we are fed up with it and want to clearly state this is our property with a fence.

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Quoting JakeeVern

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There is no easement and adverse possession should not apply since they have only owned the house since 1999.

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encroachment is pie shaped............44 w x 14 l...........extra piece of driveway to park an extra vehicle on

yes we know the ordiances and setoff requirements...........the reason why the driveway is our lot is because the original owner owned both lots........we he sold it, he sold our lot separate......we never had intention of fighting over this piece of land, but the neighbors are psycho...........they come out and yell at us and tell us we are on their property and we can't plant anything.....and it goes on.......i could write a book.......we are fed up with it and want to clearly state this is our property with a fence.

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the house was built in 1986

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JakeeVern;702600]There is no easement and adverse possession should not apply since they have only owned the house since 1999.

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ever hear of the term: tacking?

It is applicable in prescriptive easement claims in PA.

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the house was built in 1986

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so, 27 years. I think it takes 20 years for a claim of PE to ripen in PA. You might want to check that before taking any action.

If your neighbors are psycho - good chance they will seek legal advice. And you're not going to be putting up a fence anytime soon.

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the reason why the driveway is our lot is because the original owner owned both lots........we he sold it, he sold our lot separate.

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That situation might be seen as grounds for an easement by implication (called a quasi easement in some places). There are a number of conditions to be met, but there is no time requirement.

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Quoting LandSurveyor

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That situation might be seen as grounds for an easement by implication (called a quasi easement in some places). There are a number of conditions to be met, but there is no time requirement.

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Since when would "extra parking" be a valid reason for an easement "by implication"?

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Since when would "extra parking" be a valid reason for an easement "by implication"?

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Since 10:27am today it has been described by the OP as a "driveway". What is your point?

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Quoting LandSurveyor

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Since 10:27am today it has been described by the OP as a "driveway". What is your point?

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encroachment is pie shaped............44 w x 14 l...........extra piece of driveway to park an extra vehicle on

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It does not appear to be the functional portion of the driveway, the part needed to access the home, but rather a spot for extra parking. It would not be a "needed" easement.