my side porch because it is on her property, what are my rights? I guess that the porch was built 30 years ago and somewhat on her property. Than I buy it. What are the laws in Pennsylvania? Is the porch "grandfathered" into my possession? Will the realitor have to pay for the removal? If I get my atty. to represent me, who pays for his services? It is Saturday and I am anxious for opinions, since I can not contact my atty. until monday. Any help will be appreciated. Thanks in advance.
2007-08-04 04:46:36 · 14 answers · asked by Rox 2 in Business & Finance ➔ Renting & Real Estate
You need an attorney to advise you and probably should have a survey done of your property. There isn't anything they can do this weekend either. I'd contact a real estate attorney on Monday first thing.
2007-08-04 04:51:40 · answer #1 · answered by Anonymous · 1⤊ 3⤋
First, this is why you needed to get a survey when you purchased the property, because the survey would have showed you the encroachment.
How do you even know her attorney is correct?
After 30 years of it being there, you need to see a Real Estate attorney because your neighbor could have well lost the legal right to ask you to remove it. In my state, it's 23 years.
The Realtor isn't responsible because you should have had a survey when you purchased the home.
Your Real Estate attorney could be at fault because if the property had not been surveyed in the last 5 years, he or she should have informed you of the possible dangers of not getting one.
If you bought title insurance that covered you, your title insurance should reimburse you for all legal expenses to correct the situation...even removing the porch and reimbursing you for any devalue in your property....that is what it's for.
Ask your attorney to look up "squatters rights" laws.
One thing I can tell you....she can't do anything without taking you to court.
2007-08-04 06:35:00 · answer #2 · answered by Expert8675309 7 · 0⤊ 0⤋
The term is not "grandfathered," but "adverse possession." In layman's terms, a property owner has a time limit to bring an action to remove someone, or something, from their property. In Pennsylvania, that limit is 21 years. There's a little more to it than that, but that's the gist.
If you can prove to the satisfaction of a judge that the porch has been there at least 21 years, then there is a good chance that you will not be required to move the porch.
Call your attorney on monday for more information.
2007-08-04 06:13:48 · answer #3 · answered by Mr Placid 7 · 0⤊ 0⤋
Your neighbor "lawyered up," so now you have to as well. Contact a real estate attorney in your area. You can find one at the link below, if your attorney is not a real estate attorney. When you meet with the attorney, bring all the closing paperwork you were given when you purchased your property. Depending on your title insurance policy, you may or may not be entitled to free representation on this (and if you lose, then you may be entitled to reimbursement for the costs of removing the porch as well).
Only if your realtor knew there wasa problem and failed to tell you about it could he/she be liable.
Tell your attorney you bumped into a Florida real estate attorney and he said to mention the following things. You won't understand this, but he/she should:
Claims for Your Ownership: Adverse possession, prescriptive easement, boundary by acquiescence, boundary by agreement.
Affirmative Defenses: Equitable estoppel, laches, statute of limitations, third party purchaser for value without notice, doctrine of balancing [the] conveniences.
2007-08-04 13:08:48 · answer #4 · answered by mcmufin 6 · 0⤊ 0⤋
Contact your title insurance company. That's what title insurance is for. They'll take care of attorney's bills, resolution of the issue, etc. Most likely what the neighbor is really looking for is payment for an easement that will allow you to keep your property undodified. The title insurance company will handle all of that for you.
In all likelihood you won't need to take any action at all under the concepts of "quiet title" or possibly "adverse possession." Quiet title will be the most likely way that this will go since the neighbor has made no effort for over 30 years to defend their title it essentially defaults to you. Under adverse possession you'd have to have paid the property taxes for the encroachment and that's not likely but it is possible if the property plat is drawn incorrectly.
At any rate, your title insurance company will help you with all of that. Call them Monday and enjoy the rest of the weekend! NOTHING is going to happen this weekend or even this month. These wheels turn slowly so just chill and don't fret too much.
The Realtor or broker have nothing to do with this so don't pester them. They'd just point you to your title insurance company anyway.
2007-08-04 05:17:16 · answer #5 · answered by Bostonian In MO 7 · 5⤊ 1⤋
Unless that neighbor has proof that she contested the existence of that porch on her property to the previous owners in some fashion, you may well have a case of ownership via the concept of 'adverse possession'. Your attorney will be able to guide you through this.
2007-08-04 06:19:23 · answer #6 · answered by acermill 7 · 0⤊ 1⤋
What county in PA? I am not an attoryney. But I would say that since it has been there for 30 years there is nothing that they can do about it! If your porch is ever torn down though, of course you can not build it as it was on her property. I had a similar issue and this is what I was told.
2007-08-04 06:47:02 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Do absolutely nothing! Since your porch is thirty years old you probably have full rights to the property under quiet title. Quiet title, in simplest terms, means that by your neighbors allowing the porch to be on their property without complaint for an extended period of time, have in fact granted use and ownership by default. It's an odd quirk in the law but it is the owner's responsibility to defend title - not yours. In addition, you have title insurance (look on your loan papers). You paid a fee for the survey and the insurance - it is their responsibility to enforce the title that they insured. We had a similar situation with one of our rental properties . . .
2007-08-04 05:03:53 · answer #8 · answered by CHARITY G 7 · 4⤊ 1⤋
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2016-10-01 09:31:04 · answer #9 · answered by ? 4 · 0⤊ 0⤋
If this is truly your neighbors property then you have no rights on having that porch. Sad but you are responsible for the removal of the porch at the moment and not the realtor. You could file a complaint against the realtor because of this and may get some reimbursements. These are just the basics , you need to talk to an attorney regarding your local laws, and yes you have to pay for everything.
2007-08-04 04:57:22 · answer #10 · answered by jingo528 2 · 0⤊ 5⤋