What is the name of your state (only U.S. law)? Pennsylvania
We moved into a property 5 years ago, and were notified by the previous owner that there is a ‘right-of-way’ on one side of our property; however, this ‘right-of-way’ was taken over by our current neighbor many years prior, who claims it as their own, and increased the size of their driveway, and width of their yard. The neighbor, a lawyer (now deceased), and his wife put up a fence blocking access to the ‘right-of-way’ for our lot, and many others that used it to access their garages at one time. Our property is now land-locked, not only by this fence, but also trees that were erroneously planted.
My concern is we cannot access our yard if/when we need, without seeking permission from this neighbor, who is rather nasty and spiteful (hence our concern). We have the deed to this ‘right-of-way’, which was signed over to us by the previous owner, who obtained it when they bought the home over 40 years ago. Not only do we believe that the fence is on our property line, but again it is also blocking our access to the ‘right-of-way’.
If we survey our property, there is still no way to determine the actual property line of this neighbor, correct? We have checked with our township, and they do not show a record of this neighbor having claimed the right to this land, nor does it show the ‘right-a-way’ as part of their property etc.
Is the neighbor covered by ‘Adverse Possession’? They are clearly encroaching on our property, as they put up a fence on property that did not belong to them (meaning the ‘right-of way’). From the little information I’ve provided, do we have a chance at re-claiming access to the ‘right-of-way’, and should we seek advice from a real estate lawyer?
Any input is appreciated.