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Common Area, Easement, or Right Of Way

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  • 12-06-2007, 10:42 AM
    snapline
    Common Area, Easement, or Right Of Way
    Good Morning to all.
    I really need some information and help on this issue.
    My situation is this.
    I am in Pennsylvania.
    I own land with frontage on a state road.
    I am in a sub-division. There is no home owner's association,etc.

    My neighbor, who I share a common border and common area/right of way/easement with is now sueing me stating that I am illeaglly using his 'half' of a common area/right of way/easement for access and igress of my property.

    I have a recorded map of the two parcels [mine and my neighbor's], which shows by survey the common area/right of way/easement. I list the description this way because that is the way it is shown on the recorded map. It states on the map specific to to this area "easement/common area/ right of way for shared driveway." I was told by the previous owner [developer] that this access or common area was for the two parcels, mine and for whomever bought the adjoining parcel. A common border divides this common area in half. I own a strip 25'x75' and the neighbor owns the same size area on the other side of our common border. The common border moves directly thru the center of the 50' and ends at the center of the state road. I bought my parcel and installed a driveway in the common area back in 1997. A recent re-survey of the neighbor's property shows that the driveway is placed perfectly within the common area/right of way/easement. My deed has a description of the common area in it. His does not, [interesting :confused:] yet the map that was recorded at our local court house of the sub-division does show the common area/right of way/easement at the road edge as described above.
    He is saying that I am 'encroaching' on his land. The driveway which was there when he purchased his land in 1999 has not been improved or moved in any manner since it was first constructed back in 1997 years before he bought the land. The issue is that a piece of the asphalt driveway entrance crosses the center of the common area/right of way/easement onto the parcel owned by him which is 25' wide and 75' deep starting off the center of the road and moving back into both properties. As stated above I have the exact same size piece of land within the common area/right of way/easement which makes this area a full 50'x75'. The driveway entrance was designed to be used by two [2] different properties, hence the increased width of the driveway at the entrance point off the state road. The driveway stays within the total common area/right of way/easement. It does not cross over onto additional land of the neighbor.
    When he constructed in 2004 he decided for some unknown reason not to use the common area driveway. Rather, he cut a new driveway into his parcel directly next to the common area/right of way/easement for his own personal use.

    Now he is saying after all these years, that I am encroaching on his property! I find this interesting since in all these years it was never an issue, but now that my house is for sale it becomes a serious issue for him, to the point where he has retained an attorney and forced me to do the same!

    Actually it may stop a sale since I have folks interested in purchase of the property. I fear this could hurt the sale of my property.

    I respect the fact that perhaps I am not discussing this issue with attorneys, BUT after reviewing other threads I am very impressed by many of the offered responses.

    Any information or possible case reference in Pennsylvania would be very valuable to me since I question how "motiviated" my attorney in this matter is.
    Thanks you all for reading and I will watch for any and all responses.

    Snapline
  • 12-06-2007, 08:17 PM
    LandSurveyor
    Re: Common Area, Easement, or Right Of Way
    Well, you have my sympathy for what it's worth.

    The core of the matter will probably revolve around the recorded survey plat. In many cases, private and public easement and right of way dedications are created by the original survey plat. The fact that your neighbor's deed does not specifically refer to the common area is not necessarily material. Many times, deeds do not refer to specific easements or rights of way but just use verbiage such as "subject to all easements and rights of way of record". Even if they do not, a recorded and valid right can still exist. This is what you need to get sorted out. No one can answer your question without being able to examine all of the documentation, which would include the survey plat and all of the other documents in your and your neighbor's chains of title.

    Fortunately this is not rocket science but is well within the scope of any competent real estate attorney in PA.
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