New Driveway While on Vacation

[somewhereinpa]

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

I was on vacation for two weeks when I came home I found a beautiful new driveway across my property leading to a old cabin. The property the road was built to was recently purchased by a real estate company who evidently plans to fix up the cabin and flip it. We contacted the realtor to inform her of her mistake so she came quickly with her husband (a surveyor) to meet with my wife. She claimed she didn't know that wasn't her access to the property. My wife showed her our survey map and asked to see theirs but they admitted they had not gotten to it yet.

They offered to buy the piece of land which I'm guessing is about 1/4 acre and asked us what we would take for it. While negotiations were going on we talked to our neighbor only to find out that he told them that was ours and he knew we had problems with the previous owners trying to cross our property using that route. He advised them to talk to us before doing anything but he knew we would be away for another week.

Evidently the following Monday morning the machinery was there and moved a lot of dirt in a short period of time and the machinery was not there when we returned home Friday evening. When I learned this information we contacted the new land owner and told her our price doubled for being dishonest with us. She concluded she would be seeking legal advice most likely on the grounds of "eminent domain" and would probably not be in contact with us any more.

Does she have a case for eminent domain here? Any advice going forward would be appreciated but maybe more important is what to be sure not to do.

 

[LdiJ]

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

I was on vacation for two weeks when I came home I found a beautiful new driveway across my property leading to a old cabin. The property the road was built to was recently purchased by a real estate company who evidently plans to fix up the cabin and flip it. We contacted the realtor to inform her of her mistake so she came quickly with her husband (a surveyor) to meet with my wife. She claimed she didn't know that wasn't her access to the property. My wife showed her our survey map and asked to see theirs but they admitted they had not gotten to it yet.

They offered to buy the piece of land which I'm guessing is about 1/4 acre and asked us what we would take for it. While negotiations were going on we talked to our neighbor only to find out that he told them that was ours and he knew we had problems with the previous owners trying to cross our property using that route. He advised them to talk to us before doing anything but he knew we would be away for another week.

Evidently the following Monday morning the machinery was there and moved a lot of dirt in a short period of time and the machinery was not there when we returned home Friday evening. When I learned this information we contacted the new land owner and told her our price doubled for being dishonest with us. She concluded she would be seeking legal advice most likely on the grounds of "eminent domain" and would probably not be in contact with us any more.

Does she have a case for eminent domain here? Any advice going forward would be appreciated but maybe more important is what to be sure not to do.

No, she does NOT have a case for eminent domain. That is for government entities. If she has another access to the cabin and therefore does not need an easement, then she doesn't even have grounds to fight for an easement.

I would put a gate or something up to block that driveway and otherwise wait to see if she files any kind of suit.

 

[STEPHAN]

What other access do they have to their property?

 

[somewhereinpa]

I apologize, she stated "adverse possession" not "emanate domain." I would never survive in law which is why I am seeking advice.

I currently have my truck parked on the driveway well on my property with the No Trespassing sign that we placed there years ago and found in the brush that they pushed over.

The other access to the property follows an old road that used to run in front of the old cabin they are fixing up. The road they built was our old driveway to the old road 20+ years ago before we owned the property.

The township rerouted our road and paved it since and the new road cut threw our property but the old road access is still usable if they cut a tree up that fell over. They certainly destroyed enough good trees building this driveway and I burn wood to heat my house. I don't understand why they couldn't cut that one tree up and build the driveway in the proper location.

 

[Esto Perpetua]

Adverse possession requires, among other things, continuous occupation of the property for a statutory period. That statutory period in PA is 21 years, one of the longest in the country. I would inform her of this, and tell her to either buy you out at your price, or you will simply pursue a cause of action for trespass and seek ejectment (edit: and damages for the trees; forgot about that. H/T to TinkerBelleLuvr).

By the end of this, she'll really wish she had waited a week to talk to you, especially now that she knows you would have been amenable to just selling!

 

[TinkerBelleLuvr]

In reality, they either pay your price, or they have to restore your property to how it was prior to the driveway. I would seek a price from an arborist for the cost of the trees they took down and add that to your price since they had value. If they don't want to meet your price, then the cost of those trees are part of the damages.

 

[TigerD]

You should talk to an attorney about the trespass, property damage, and veiled legal threat the other party made.

DC

 

[somewhereinpa]

Thank you all so far for the advice but please ask questions that she might. I have before and after pictures of the property that was damaged. The before picture is about 3 years old but everyone I have shown the pictures first reaction is "Woooh."

She claims the lady she purchased the property from stated that they used this passage to access the property but yet the picture from 3 years ago shows a stump of a tree at least 8" in diameter that was cut down by the previous contractor we had trespassing discussions with. I guess this is her "adverse possession" argument she claiming. With the recent renovations, I don't believe we will find that stump as current evidence. The excavation work was extensive especially for one week to complete the job and remove the equipment. I have lived at my residence for about 10 years now and the only person I have seen crossing that property is a contractor that claimed to be the son of the former owner of the property but we later found out he was hired to fix the roof many years ago and never did and must have been trying to complete the task as cost effective as possible.

I will be watching closely for any more advice. I never saw myself as one to seek a lawyer and it certainly is not my desire, but I guess stuff like this is why good lawyers exist in our society.

 

[TinkerBelleLuvr]

They will fail in a court of law. Why? When asked about the survey maps, they didn't have it. I am hearing backpedaling right now.

If it were me, I would be making an appointment to interview a number of real estate attorneys. And quit talking with those folks. They were looking for a shortcut and now realize they made a huge mistake.

Get an arborist involved on the value of the trees. If they hauled away YOUR trees, that is further damage since you mentioned burning wood as your method of heat. Put your no trespass signs up.

In addition, research for any mention that the cabin had ingress/egress rights through your property.

 

[somewhereinpa]

They will fail in a court of law. Why? When asked about the survey maps, they didn't have it. I am hearing backpedaling right now.

If it were me, I would be making an appointment to interview a number of real estate attorneys. And quit talking with those folks. They were looking for a shortcut and now realize they made a huge mistake.

Get an arborist involved on the value of the trees. If they hauled away YOUR trees, that is further damage since you mentioned burning wood as your method of heat. Put your no trespass signs up.

In addition, research for any mention that the cabin had ingress/egress rights through your property.

Thank you for your advise. My old truck that my wife is embarrassed to ride in is parked in that driveway currently with a no trespassing sign leaning against the front bumper. Funny how that sign got severely displaced since the last time I started that truck last Sunday.

My wife vigorously researched ingress/egress rights through our property and is confident there are no public documents. Thank you for trying to to refute her claims. Keep them coming! Please, help me understand why I am the bad guy here. That is what a certified real estate agent wants me to believe with her surveyor husband standing behind her playing Shakespeare.

I don't care if I get a penny from these jokers, I just want them to think twice before pulling the same song and dance with the next victims.

BTW. When she suggested she was seeking legal advice our conversation stopped.

 

[TigerD]

I don't care if I get a penny from these jokers, I just want them to think twice before pulling the same song and dance with the next victims.

The best way to do that is with a fat stack of cash.

DC

 

[154NH773]

I don't care if I get a penny from these jokers, I just want them to think twice before pulling the same song and dance with the next victims.

You are not the bad guy!

This is a bank we are talking about, it's not like you are trying to maintain good relations with a neighbor. If you had somehow damaged them, or missed a payment to them, you would be in court pretty quickly. They are trying to steal from you and have damaged your property. Sue them, that's the only way to make them think twice next time.

 

[Cedrus]

I would contact the broker/owner of the agent and complain. I would also find out the parent company of the agency, if there is one, and complain, in writing.....registered mail, return receipt requested. I would also contact the state agency who oversees real estate and complain....in writing.

 

[somewhereinpa]

Thank you

Thank you all for taking your time to read and post. Against my better nature we plan to seek legal assistance going forward.

 

[single317dad]

Personally, I would build a fence once this is all decided.