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  1. #1
    Join Date
    Nov 2019
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    1

    Default Maintaining Neighbors Yard

    My question involves personal property located in the State of: Pennsylvania
    In 2006 we build a house. Its located 500 feet off the road on 4.5 acres of woods. My neighbors house is up by the street therefore 500 feet from ours. Our property beside our driveway which is to the side of our house is 15 feet from the neighbors woods so with the neighbors permission in 2006 we cleared out the brush, cleaned it up and planted grass and we mow it and keep the weeds killed. We also have permission for a turn around off of our driveway. He rents the house so they never come way back on their property and you have to walk across a stream. Since weve been maintaining it I had heard that we could claim it. Is this true?

  2. #2
    Join Date
    Oct 2006
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    15,718

    Default Re: Maintaining Neighbors Yard

    Quote Quoting Tkh1957
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    My question involves personal property located in the State of: Pennsylvania
    In 2006 we build a house. It’s located 500 feet off the road on 4.5 acres of woods. My neighbors house is up by the street therefore 500 feet from ours. Our property beside our driveway which is to the side of our house is 15 feet from the neighbors woods so with the neighbors permission in 2006 we cleared out the brush, cleaned it up and planted grass and we mow it and keep the weeds killed. We also have permission for a turn around off of our driveway. He rents the house so they never come way back on their property and you have to walk across a stream. Since we’ve been maintaining it I had heard that we could claim it. Is this true?
    No, because you have permissive use. The precludes you being able to claim adverse possession.

  3. #3
    Join Date
    Nov 2013
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    6,495

    Default Re: Maintaining Neighbors Yard

    That is mostly correct in OP's situation. However, in PA there are cases where predecessors had permissive use and the court ruled that a successor could claim advice possession.

    These cases are based in a finding of fact that a court must review.

    It is the servient estate that has to show that a use was permissive. In the absence of that, the court could find that what was a permissive use results in adverse possession.

    Here I one such case:

    https://scholar.google.com/scholar_c...en&as_sdt=4,39

  4. #4
    Join Date
    Jul 2018
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    1,769

    Default Re: Maintaining Neighbors Yard

    You can claim anything you like.

    If you're thinking of some sort of adverse possession claim, you can forget that because your possession/use of your neighbor's property is with the neighbor's permission.

  5. #5
    Join Date
    Nov 2013
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    6,495

    Default Re: Maintaining Neighbors Yard

    Quote Quoting pg1067
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    You can claim anything you like.

    If you're thinking of some sort of adverse possession claim, you can forget that because your possession/use of your neighbor's property is with the neighbor's permission.
    Likely so but in PA the courts want to hear the case. The outcome depends on the finding of the facts. Some permissive uses end up in adverse possession.

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