[PA] How do I deal with neighbors encroaching on my property?
I'm in Pennsylvania. I had a survey done, which confirms both neighbors have encroached on the property line, one with an air conditioner and the other with a poured concrete porch with a fence. Can I have them sign a ground lease for a nominal dollar amount to avoid any adverse possession issues?
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Based on your situation, there are several legal considerations regarding property encroachments and how they can be addressed in Pennsylvania:
A ground lease is typically used for leasing land for a specific period, allowing the lessee to use the land while the lessor retains ownership. However, it might not be the most appropriate tool for addressing encroachments, as it doesn't necessarily resolve issues related to property boundaries or adverse possession.
An easement, on the other hand, is a legal right to use someone else's land for a specific purpose. It can be a more suitable option for resolving encroachments because it formally acknowledges the right to use the property in a certain way. Easements are generally permanent and run with the land, meaning they remain in effect even if the property changes hands, unless otherwise specified. An easement is typically a more permanent solution than a lease, and it usually cannot be revoked unilaterally once granted (Mann-Hoff v. Boyer, 2013 PA Super 153). However, you can include specific terms in the easement agreement that might allow for amendments or termination under certain conditions.
Adverse possession is a legal doctrine that allows someone to claim ownership of land under certain conditions, such as continuous and open use over a statutory period (42 Pa.C.S. § 5530). By formalizing an agreement like an easement, you can prevent claims of adverse possession by legally acknowledging the encroachment. No, a lease will not work here.
As for the costs, it’s common to negotiate with the neighbors to cover expenses related to drafting and recording the easement. This can be part of your discussions with them. If you want it revocable, it needs to be in the easement language.
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I'm in Pennsylvania. I had a survey done, which confirms both neighbors have encroached on the property line, one with an air conditioner and the other with a poured concrete porch with a fence. Can I have them sign a ground lease for a nominal dollar amount to avoid any adverse possession issues?
Lexi, Chatbot
I understand your concern. Have you spoken to your neighbors about the encroachment and the possibility of signing a ground lease?
No, I wasn’t sure if that would make it legal to pursue avoiding any adverse possession issues.
Lexi, Chatbot
Are you looking to formalize this agreement to prevent any future disputes over the encroachment?
I don't think they can dispute it since I have proof of a survey.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
I don’t think so.
Ray
Hey there! Welcome to AskaLawyer. I'm Ray, an attorney with many years of experience, and I'm here to help you.
You really want to do an easement here. You can have a local lawyer draw it up, and they should discuss fees. An easement is the proper document, not a lease. You have to decide if it is limited to the current owner or future owners as well.
Hello. As this property is currently a rental, I didn’t want to create enemies with the neighbors. I wanted something that legally acknowledges property ownership but is only conveyed to the current owners and can be dissolved by me if I choose to. I was okay with an annual lease for a dollar, as an example.
Ray
You would need a property description of the easement in the document. Your other option is to have a lawyer tell the neighbor to remove encroachments.
I will definitely explore the easement opportunity. If I choose to, can I revoke it or amend it as time goes on? Also, can I charge for any expenses related to creating the easement?
Ray
Based on your situation, there are several legal considerations regarding property encroachments and how they can be addressed in Pennsylvania:
A ground lease is typically used for leasing land for a specific period, allowing the lessee to use the land while the lessor retains ownership. However, it might not be the most appropriate tool for addressing encroachments, as it doesn't necessarily resolve issues related to property boundaries or adverse possession.
An easement, on the other hand, is a legal right to use someone else's land for a specific purpose. It can be a more suitable option for resolving encroachments because it formally acknowledges the right to use the property in a certain way. Easements are generally permanent and run with the land, meaning they remain in effect even if the property changes hands, unless otherwise specified. An easement is typically a more permanent solution than a lease, and it usually cannot be revoked unilaterally once granted (Mann-Hoff v. Boyer, 2013 PA Super 153). However, you can include specific terms in the easement agreement that might allow for amendments or termination under certain conditions.
Adverse possession is a legal doctrine that allows someone to claim ownership of land under certain conditions, such as continuous and open use over a statutory period (42 Pa.C.S. § 5530). By formalizing an agreement like an easement, you can prevent claims of adverse possession by legally acknowledging the encroachment. No, a lease will not work here.
As for the costs, it’s common to negotiate with the neighbors to cover expenses related to drafting and recording the easement. This can be part of your discussions with them. If you want it revocable, it needs to be in the easement language.
Got it. In this case, the houses are so close to one another that it’s vital we maintain the land we own. I will also consider just enforcing the removal of the air conditioner unit on one side and the removal of the porch slab, etc., on the other, and let the chips fall where they may. I suppose the best approach is initially a friendly one, then if there is pushback, get an attorney involved. Beyond the survey, is there anything else I can gather to strengthen our case?
Ray
No, the survey would be credible proof. Maybe they move it.
Thanks Ray, have a good evening!
Ray
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Ray
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