What is the name of your state (only U.S. law)? Pennsylvania
As part of my property, I have a ROW that is included in my deed. This ROW was originally intended to be a street in the original plan of my neighbor hood in the early 60's. The street was never opened, paved, or even brought to the same grade as the intersecting street. This ROW is included in my tax roll, and I am paying taxes on this property. Now, it is generally understood that ROW's can not be rescinded. However, I found a state law that effects townships such as mine that reads:
With that in mind.... the neighbor behind me used the part of the ROW that went through his property to put a rock driveway in. No problem, I could care less. However, he went nearly 6 feet past my property line with the stone, killing my grass, which till this point I was maintaining. At no point did he ask me to go over the line. The driveway was put in last fall. As nicer weather has finally arrived, yesterday I used my garden tractor to push the stone back to the property line. An hour later, he came home, raked the stones back to where they were. He then drove through my yard, on the ROW to irritate me, then parked his truck even further on my property past the rocks over night, again to irritate me.
I was going to let it go after I pushed the rocks back, even pay out of my pocket to repair the yard and have it sodded. But I am now not going to consider this as his intentions to irritate have taken any good will I was willing to give. At this point, I willing to go to local magistrate to sue for damages to my property. However, I am not sure how to do this. Do I have to call the police for trespassing? What is my immediate course of action to get him to A: keep his driveway off of my property, and B: Have my yard repaired?
This issue is tied to the discussion of a "paper street" that I posted about months ago. At the beginning of the the thread, I believed it was a paper street. It was later discovered that is NOT a paper street, but rather a ROW. The discussion with illustrations can be seen at https://forum.freeadvice.com/neighbors-boundaries-108/paper-street-includes-relevant-pics-584778.html
What do I do from here?
As part of my property, I have a ROW that is included in my deed. This ROW was originally intended to be a street in the original plan of my neighbor hood in the early 60's. The street was never opened, paved, or even brought to the same grade as the intersecting street. This ROW is included in my tax roll, and I am paying taxes on this property. Now, it is generally understood that ROW's can not be rescinded. However, I found a state law that effects townships such as mine that reads:
Considering the road has never been opened and the proposed road was completely on my property, it could be construed that the ROW is now null and void, making it my exclusive private property relating the part that is included in my deed.53 P. S. � 67309. Time within which roads to be opened
� When proceedings have been initiated under this act for the opening and laying out of any public road in the township, the road shall be physically opened for use by the public within a period of five years after completion of the proceeding. If the road is not opened or if no proceedings have been commenced to compel the opening in five years, then the proceedings are void and the land proposed to be taken shall revert to the owners of the land free of any easement or right of the public to use the land.
1933, May 1, P.L. 103, No. 69, � 2309, added 1995, Nov. 9, P.L. 350, No. 60, � 1, effective in 180 days.
With that in mind.... the neighbor behind me used the part of the ROW that went through his property to put a rock driveway in. No problem, I could care less. However, he went nearly 6 feet past my property line with the stone, killing my grass, which till this point I was maintaining. At no point did he ask me to go over the line. The driveway was put in last fall. As nicer weather has finally arrived, yesterday I used my garden tractor to push the stone back to the property line. An hour later, he came home, raked the stones back to where they were. He then drove through my yard, on the ROW to irritate me, then parked his truck even further on my property past the rocks over night, again to irritate me.
I was going to let it go after I pushed the rocks back, even pay out of my pocket to repair the yard and have it sodded. But I am now not going to consider this as his intentions to irritate have taken any good will I was willing to give. At this point, I willing to go to local magistrate to sue for damages to my property. However, I am not sure how to do this. Do I have to call the police for trespassing? What is my immediate course of action to get him to A: keep his driveway off of my property, and B: Have my yard repaired?
This issue is tied to the discussion of a "paper street" that I posted about months ago. At the beginning of the the thread, I believed it was a paper street. It was later discovered that is NOT a paper street, but rather a ROW. The discussion with illustrations can be seen at https://forum.freeadvice.com/neighbors-boundaries-108/paper-street-includes-relevant-pics-584778.html
What do I do from here?