does anyone know of a place i can find a statute of limitations for a fence and a shed? i'm in pennsylvania, and if anyone knows the actual statute that would be helpful.
2007-07-27 03:22:09 · 6 answers · asked by real d 2 in Politics & Government ➔ Law & Ethics
i mean we have had those two structures built for years and now our neighbor wants them removed bc he believes they are on his property and wants to go thru legal action if he has to.
2007-07-27 03:30:14 · update #1
It appears you have two options:
1. You could claim "adverse possession" of the property. In layman's terms, if you occupy another's property, for a certain length of time, then you can be granted title to the property. In Pennsylvania, it is 21 years. (Title 42, Sec 5530).
2. You could claim a "prescriptive easement" exists. The essential difference is that an easement may exist if you simply "use" the other person's property, as opposed to actually occupying it and possessing it for your exclusive use.
Both doctrines are very state-specific. You'll likely need to retain a Pennsylvania real estate attorney if you want to claim that you have a right to your neighbor's property. If you're only talking about a fence and a shed, it might not be worth the expense.
2007-07-27 04:43:03 · answer #1 · answered by Mr Placid 7 · 0⤊ 0⤋
Thats not a "statute of limitations" question. What you are looking for are grandfather clauses. In this case, you are probably going to end up going to court. You will need someone from the county or town to come over and survey your property to find out where the property line actually is. Good luck to you.
2007-07-27 03:57:40 · answer #2 · answered by zebj25 6 · 0⤊ 0⤋
there should be a statute site for pennsylvania. im in chicago and know we have one illinois compiled statute.
here's something i came up with. it probably won't help but read it because i couldn't read the info.
https://www.dsl.psu.edu/centers/aglawpubs/fence.cfm
highflying is probably right about the neighbor's right. but at the same time if your fence is on part of their property, they allowed the fence to be there all this time. so i believe there's room for argument (in your favor) if this is the case.
2007-07-27 03:34:28 · answer #3 · answered by K 3 · 0⤊ 0⤋
Your neighbor may have a problem. IDK PA. laws.
There's a legal term for this, which I've forgotten.
When a situation is allowed to be tolerated for a very long time, the laws may/can rule against the complainant.
There are examples of a fence encroaching on a neighbor's property. If it's not contested within a certain time limit, nothing can be done.
2007-07-27 03:40:45 · answer #4 · answered by ed 7 · 0⤊ 0⤋
You need to contact your local county assessors office. They can come out and re-survey your properties to determine whose property it's actually on. Unfortunately for you, if they determine it's partially on his property, he has the right to force you to move them. Just type "Pennsylvania assessor [the county you live in]" in a search engine, that should get you in the right direction.
2007-07-27 03:32:52 · answer #5 · answered by highflyin_af_guy 2 · 0⤊ 0⤋
What do you mean? Like Squatter's Rights?
2007-07-27 03:25:08 · answer #6 · answered by punxy_girl 4 · 0⤊ 0⤋