QUESTION

Undisclosed fence encroachement on 2nd owner's property

Asked on Jun 26th, 2015 on Residential Real Estate - Pennsylvania
More details to this question:
Second owner of property. Neighbor's fence encroaches on my property by 10 feet. Discovered 1 year after closing. Eventually acquired a copy of the neighbor's fence application. Previous owner of my property "signed" the application allowing 6 feet of encroachment. Was not notarized. fence has been in place 15 years. Have tried to work on solution with the neighbor for three years and they have made no effort on any of them. Am I bound to honor the "agreement" of the previous owner? Can I remove the fence from my property? Have contacted the township to address the issue and they have refused. saying the sign off was permissible but won't issue formal declaration. They also cannot prove their procedure was followed for a fence installation.
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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Being neighborly doesn't mean you have to give a neighbor some of your property.  The short answer to your question is no, you are not bound by the agreement made by the prior owner.   An easment a right of one person (the neighbor) to use the property of another person (you) for a particular purpose without actually having ownership of the property.  An easement needs to be either identified in your deed or a separate easement agreement that is recorded with the property records in your county.  Unless the neighbor's right to put his fence on your property is recorded either of these ways, then you can rightfully demand that he remove the fence.  I would suggest that you do so in writing, although it seems overly formal.  Send it via certified mail so that you have proof.  If he refuses, then I would not recommend self-help.  Rather I would suggest that you file an action in quiet title and obtain a court order requiring him to remove the fence.     Good luck -- tough situation to have trouble with the neighbor.  I'm sure you can understand why the neighbor thinks he's in the right, given that he had permission and then spent money to build the fence.  
Answered on Jun 28th, 2015 at 4:58 AM

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