Does the neighbor have rights to pass through my property?

[jaybeckdeno]

What is the name of your state (only U.S. law)? Pennsylvania

My wife and I recently purchased a home built in 1910. My neighbor recently told me that he had a right of passage through the middle of my property, so that he could wash his car in his back yard. My neighbor's home is not landlocked and has a street front. He does not have a garage or driveway on his property. My deed does state that there was an alley at the time the deed was written. I followed-up with the city, and they told me there had been an unopened alley on my property, but the city had abandoned its development more than 21 years ago. They told me the property is mine. Does the neighbor have rights to pass through my property?

 

[tranquility]

At this point, probably not. However, if a stink is raised, there could be some easement found. But, he'd have to go to court first.

Is this really that big of a problem? A neighbor walking though my yard once a week or so does not seem that big of a deal. What is your plan to stop him? It seems like this is going to be a lot bigger mess after than it is now.

 

[justalayman]

the neighbor may have a prescriptive easement if he has used the path, against the owners intent, for 21 years. Has he used the path, against the owners intent, for 21 years?

Other than that, unless he has some documentation to show he has an easement, he has no right to pass through your property.

 

[jaybeckdeno]

Thank you for such a quick response. The problem is that he is driving his suv through the middle of the property where our children and dog play. We are concerened that because of where our garage is located, the children could run out in front of his vehicle. They wouldn't see him and he couldn't see them. Also that part of the yard is getting destroyed. From the old plan the unopened ally opened on both ends. The city never went through with their plan and said we owend our portion of the purposed ally, his portion is completley unaccessable. He can physically go through our end but we couldn't get through his.

 

[154NH773]

All you are being told may have merit, but it is just speculation. I suggest you have a title company research your title specifically for this "alley". That is the only way to determine whether it exists as a right of way for your neighbor.
The fact that you can't utilize the portion through his property is of no consequence. The fact that you own the property does not matter if an easement in his favor exists.
You might have to consult a good lawyer to determine the continuing rights over the "abandoned" alley. DO NOT rely on verbal assurances from city workers.

 

[HomeGuru]

the neighbor may have a prescriptive easement if he has used the path, against the owners intent, for 21 years. Has he used the path, against the owners intent, for 21 years?

Other than that, unless he has some documentation to show he has an easement, he has no right to pass through your property.

**A: I agree.