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  1. #1
    Join Date
    Sep 2010
    Posts
    2

    Default What Happens if Neighbors Acquire a Township Right of Way

    My question involves real estate located in the State of Pennsylvania


    Directly next to our property line is a 20 foot right of way and then the neighboring property line. This right of way is used as our side yard. We have cut the grass and cared for this piece of property as our own for 10.5 years....as did the other home owners during the previous 55 years prior to us. In fact, their is a tree line established between our property and the neighboring property. We always new that this right of way could be used at any time by the township in order to reach the sewer lines that flow underneath. Any structures that were placed on the right of way as we were told needed to be moveable structures.

    There was never an issue until now. New neighbors have moved in and rumor has it they are now trying to "aquire" this right of way. Obviously they would not be able to purchase this land... But, what I would like to know is do they have rights to half of the 20 feet? Could they legally try to make 10 feet of the 20 feet their yard?

    Is there some kind of grandfather clause that would protect our "side yard" from them claiming half. Do the 70 years that our yard has been like this and has been cared for like this mean anything? They would essentially have to come through the tree lined row to care for this 10 feet...not to mention they would be practically sitting in my living room. Thanks so much for your insight.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Causing Problems

    If the 20' ROW is entirely on your property, how is there a problem with the neighbor?

    Some more information would be helpful.

    Is the ROW solely a sewer easement?

    What theory is the neighbor presenting to advance their claim?

  3. #3
    Join Date
    Sep 2010
    Posts
    2

    Default Re: Neighbor Causing Problems

    Our side yard from our house is measures 12.5 feet then the 20 foot row then the neighbors row of trees. So that 32.5 feet has been used as our side yard for years. They would be claiming the 10 foot of the 20 foot row. It makes no sense for them to claim this land because they would need to come through their tree line to utilize or cut this grass. I believe they want MORE. Just people that want as much as they can. I think maybe they found out that this row should be split 50/50 and they don't like that it is entirely utilized by us. I also found out that they do not like a wood shed that is on this property. I guess if it does become a real issue I will claim squaters rights? It is so silly really. The township said they have no rights to this land as it has been over 21 years. We would need to always make sure however that a 3 foot easement is left for the sewer line that runs through the row.

    I just wanted to know if neighbors can come out of no where and claim a row that has NEVER been utilized by them before.

  4. #4
    Join Date
    Oct 2009
    Posts
    158

    Default Re: Neighbor Causing Problems

    Quote Quoting clubhouse
    View Post
    I think maybe they found out that this row should be split 50/50 and they don't like that it is entirely utilized by us.
    What people think should be and what is are two different things. If this ROW is your deeded property, then they have no say in the matter.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Causing Problems

    I am getting the impression that the actual property line between the parcels runs down the middle of the ROW. Is that correct?

    If not, then why are you exploring methods of claiming it? If you already own to the row of trees, you have no problem.

    I guess if it does become a real issue I will claim squaters rights?
    That would not apply in this situation.

    The township said they have no rights to this land as it has been over 21 years.
    Unless the township attorney told you that, someone is giving out legal opinions who is not allowed to. The township does not have the authority to award it to you. You cannot get it just by filling out some paperwork. You will have to go to court (not small claims) and sue to have title awarded to you. All of the legal and survey expenses would likely be borne by you whether you win or lose.

    I just wanted to know if neighbors can come out of no where and claim a row that has NEVER been utilized by them before.
    If they are claiming their legally deeded property, yes. Are they?

  6. #6
    Join Date
    Dec 2008
    Posts
    629

    Default Re: What Happens if Neighbors Acquire a Township Right of Way

    I think the OP does not understand a ROW and that someone already owns the land under the ROW.

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