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  1. #1
    Join Date
    Jun 2005
    Posts
    2

    Default Property line dispute

    I took occupancy of my newly-constructed home in 1999. On the day of my walk-through inspection of the house and lot, my construction manager showed me the property lines. They were, as he directly stated to me, defined on two sides by wooden survey stakes and by sidewalk on the other two sides (it's a corner lot). The landscaping contractor had also followed these stakes to grade and seed the lot.

    For the past five years, I have been maintaining the lot as it was defined to me during this final inspection. I constructed a raised-bed garden and installed a row of arborvitae across the rear of the lot, which abutted an unsold lot in the development. All was well.

    Three days ago, I came home to find four newly-installed surveying stakes defining a much different boundary to my property, as well as set-backs, and...you guessed it...this new line cuts my garden in half diagonally and puts all but one of my eight arborvitae on the adjoining property. I don't doubt that the survey is correct, but my issue is this: the developer stated and demonstrated incorrect information to both me and the landscape contractors which resulted in a different set of property boundaries than what was originally surveyed.

    No one from the surveying contractor's office or the developer's office contacted me about this issue; my guess is that they want to move ahead on selling that lot.

    No one is returning my phone calls. Is this an example of adverse possession? I don't even know what my time frame is, so how long do I wait before contacting an attorney?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Boundary Disputes

    Your rights and remedies depend upon the laws of your state, which you did not disclose.

  3. #3
    Join Date
    Jun 2005
    Posts
    2

    Default

    Pennsylvania

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Adverse Possession - Pennsylvania

    I understand the statute of limitations for adverse possession to be 21 years in Pennsylvania.

    Still, you may have other claims, given the improper representation of the property lines at the time of purchase. I would suggest that you contact a local real estate attorney to help determine if you have any remedies under PA's real estate laws and statutes, based upon the full facts and circumstances involved.

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