Fence on common driveway

What is the name of your state? Pennsylvania
I bought an investment property in July 2005. There was a shared driveway between the house that was used until 10 yrs ago. A fence was put on the line right down the middle of the driveway. The old driveway is still visible. I would like to remove the fence so I can have access to the back yard.
My deed and title ins state the area is a Common Driveway.
1- I will get the property surveyed to see if the fence is on my side. If so can I tear it down ?
2- if the fence is on their side but still in the common area how do I get them to take it down?

I lost the sale of the property 2 days before settlement because of the fence. The neighbor isn't being cooperative.

rfellmanjr said:

What is the name of your state? Pennsylvania
I bought an investment property in July 2005. There was a shared driveway between the house that was used until 10 yrs ago. A fence was put on the line right down the middle of the driveway. The old driveway is still visible. I would like to remove the fence so I can have access to the back yard.
My deed and title ins state the area is a Common Driveway.
1- I will get the property surveyed to see if the fence is on my side. If so can I tear it down ?
2- if the fence is on their side but still in the common area how do I get them to take it down?

I lost the sale of the property 2 days before settlement because of the fence. The neighbor isn't being cooperative.

Click to expand...

The only thing you can do is hire a lawyer and sue to get the fence down; there may be rights that the neighbor has that you know nothing about (adverse possession). There are a lot of facts you have to know before you can answer your own questions; thus, a local real estate lawyer is needed.

Having said that, the GENERAL rule is that you can't block an easement, so the fence should come down.

The fact, however, that the fence has been there ten years and no one complained may indicate that there was some kind of agreement to change the easement by the prior owners.

In other words, there is no black and white answer here.

Thank you. I have an appt tomorrow w/ the RE Lawyer. The lady who lived in my house ( now deceased) did not drive!!!!

The buyers asked me to sign a release and my agent told me I had to do it by tonight. How can they tell me when to sign by?

rfellmanjr said:

Thank you. I have an appt tomorrow w/ the RE Lawyer. The lady who lived in my house ( now deceased) did not drive!!!!

The buyers asked me to sign a release and my agent told me I had to do it by tonight. How can they tell me when to sign by?

Click to expand...

What buyers?

What are you talking about?

Sorry
I had an agreement of sale to sell the house as I bought it rehab & flip. There was an adendum in the AOS to remove the fence. Since the owner of the fence would not remove( was cooperative till this past Friday) the buyer asked to be released from the agreement. I think I'm ok w/ that but I don't want to be rushed. My RE agent keeps calling me asking me to sign the release.( the buyers get to keep their money since I wasn't able to have the fence removed)
I have the info for my lawyer.

UPDATE
here's a pic of the fence.
http://www.myfishpix.com/gallery/uploads/407/DSCF1825.JPG
My deed states:
"TOGETHER with the free and common use ,right, liberty and privilege of a certain driveway, 8 feet in width located one-half on the premises herein described and one-half on the premises immediately adjoining to the northeast and extending for the distance of 100 feet northwesterly side of said xxxxxx Road, to be used as and for passageway and driveway at all times hereafter forever in common with the owners, tenants and occupiers of the premises adjoining to the Northeast, it being understood that the owners of the two adjoining premises shall equally share and bear the expense of maintaining the said driveway in good order and repair"
My neighbors deed states the same but does not list the actual dimensions.
Our properties are 150 feet long. So I think I can take down the fence and leave 50 feet of it standing starting at the back of the property. It is my opinion that the fence is mine also so I can remove and dispose of.
Any comments?

Unless you , or the previous owners of the property you now own put up the fence it is still not yours. It is blocking your use of the easement and it sounds like it is unjustly unless it would fall under prescriptive easement. I don't know PA requirement offhand or if it would apply to this situation. Other than that it would seem the neighbors are wrong and the fence needs to come down.

Now where you go from here is up to you. Of the two ways I can think of, either one will probably end up with you talking with an attorney so I think I would go the less abrasive way and hire the attorney first and so to court to get the fence down. A letter from an attorney may inspire the neighbors to see the light and get them to act properly saving you the time and expense of going to court,

The other way (your idea here) is to tear down the fence. This may get you the same result in the end but you will have to put up with a lot more difficulties before it is all said and done.

Thank you- My RE lawyer suggests I try the self help avenue before spending the money on a fight.
After the other buyers cancelled their purchase I relisted the house today for $15k more and I got an offer for full price but they are concerned about the fence. stupid fence.
I'll keep ya posted

Fence Update

My lawyer said take the fence down. I decided to get a survey ( $425) to ease my neighbors mind. The survey showed the fence was placed inside the easement/common driveway. They looked at the surveyors markers showing the fence was clearly positioned inside them and they had the nerve ( or stupidity) to ask for something in writting from the surveyor.
I said you have till 3/30/06 to remove the fence or I am taking it down.
After they called me arrogant,insolent,disrespectful & offfensive they took the fence down today.

YEH
just bought another property w/ a chain link fence and the neighbor piled tons of broken concrete and bricks up against the fence and it is pushing it over!!! Here we go again.

thanx everyone