• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Seller didn't disclose driveway issue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LeeAnnMatt

Junior Member
What is the name of your state (only U.S. law)? Pa
I'm not sure if this would be the correct forum but we just bought a home about a month ago and we have a graveled driveway from the street to our back door . Well the neighbors are knocking on the door in the morning and telling us to move our cars because it's a paper street and they pull up in their yard. Well we never even heard of this at any point in buying this house. The seller agent and title never said anything about this not being our driveway and if they did we would have never agreed to anything shared . This paper road has been here for a hundred years and hasn't been used its all grass trees... There is nothing going up to thief yard at all and I can tell they never pulled up there before because the grass isn't dead and if they have been doing this it would be brown and bald . I have contacted a lawyer but I don't have an appointment till the 10th and would love insight into this . From what I see they have to make you aware of this when selling and there is nothing anywhere saying this. The twp I'm in is pretty strict with permits etc and they totally excavated this yard when they redid it. It's ridiculous I'm in this position and very frustrating...today my agent asked the seller and he told her that it's off a paper street like it was no big deal like this guy is super shady and this is just another thing and my agent was saying to just let it go! I def won't esp so he can just keep doing shady things to these poor new homeowners who get blindsided . Any feedback would be appreciated thanks
 


justalayman

Senior Member
the first thing to do is investigate the statements of the neighbor as to the roadway actually existing. I suspect it may be a reserved ROW but generally unless the municipality opens it, it remains the property of and in the control of the owner of record.
 

LeeAnnMatt

Junior Member
the first thing to do is investigate the statements of the neighbor as to the roadway actually existing. I suspect it may be a reserved ROW but generally unless the municipality opens it, it remains the property of and in the control of the owner of record.
The title company said they never seen anything like this and the neighbor said the guy who did this house said they could use it but it's a paper road and the title company is looking into it but from what we see it's an unused road that the plan never opened about a hundred years ago. There's no row or anything and my fiancé is in row and I do title so this is ridiculous. So if it's neither ones property I would like to buy it but i can't find who owns it so it's just there .
 

justalayman

Senior Member
since you said it appears to be not part of your parcel; was your lot surveyed? If so, is the area in question within your lot? If not, it's pretty simple: it isn't your property to control

If it is, start with telling the neighbors to get off of your property.
 

latigo

Senior Member
You can do all the finger pointing and name calling you wish, but no one, not the seller, the seller's agent, the neighbors nor the title company was obligated to inform you of the existence of a dedicated, platted, public street!
 

LeeAnnMatt

Junior Member
You can do all the finger pointing and name calling you wish, but no one, not the seller, the seller's agent, the neighbors nor the title company was obligated to inform you of the existence of a dedicated, platted, public street!
ITS NOT A PUBLIC STREET...A PAPER STREET IN PA HAS 21 yrs to open or do something with it and if not it's not a street anymore


Ok here's the thing this driveway goes right up to our door and they said it was ours ...the title company told my fiancé today that she found something on there shady about a survey was done already so it wasn't needed . She said she's never seen this and it's very weird. Supposedly the seller had it done when he put the driveway in and our agent said it was all good . I didn't have any reason to question it . I just looked on the assessment site and a lil portion isn't on our property but no one owns the strip in between so the neighbors wouldn't be able to say anything either . I would buy it but I can't find any owners only a wooded lot behind me but not the paper street going there so like I said I am getting a lawyer but I have to wait . Everything I have researched in pa says it has to be disclosed and nothing was at all..my twp had to know and approve the permits they are pretty strict about things like this so yeah I did everything I was supposed too and why do I have to just let it go when I purchased this house and land at asking price expecting to have a driveway . I need to get exactly what the title company said to my fiancé so I can word it properly but she said it was very shady and she never seen this before .
 
Last edited:

justalayman

Senior Member
lil portion isn't on our property but no one owns the strip in between so the neighbors wouldn't be able to say anything either .
neither of you can tell the other to get off that piece of property since neither of you own it.


. Everything I have researched in pa says it has to be disclosed and nothing was at all..
do you have a sellers disclosure document?

as to whether anything here had to be disclosed or not is difficult to say. I am not clear enough on the situation to say one way or another but basically, if the neighbors are driving on your property, tell them to get off. It they aren't, live with it.


if you are claiming the seller indicated you had more property than you actually have, well, if you had a survey done it would have been realized. Given everything is required to be in writing, start reading all of your documents to determine if the seller claims to have sold you more than what he had a right to.
 

justalayman

Senior Member
here is a link to a google search. The very first hit is a pdf. I don't know how to give you the link for it so I'm giving you the search page. It describes paper streets (in PA) quite well and tells you how to gain title to 1/2 of the street.


https://www.google.com/search?q=.A+PAPER+STREET+IN+PA&oq=.A+PAPER+STREET+IN+PA&aqs=chrome..69i57&sourceid=chrome&es_sm=93&ie=UTF-8

if that address doesn't work, say so and I'll try to figure out how to get you the address



http://www.shaler.org/index.php/forms/doc_download/485-what-are-paper-streets

that should do it I think
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top