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Fencing Off Part Of The Property

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

I am considering fencing off part of the property I will soon own. This area is located in the rear of the house and is about 100 feet long. If I proceed with this, are there any legal implications? Does this mean I am giving up my rights to property beyond the fenced off area?
 


LdiJ

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

I am considering fencing off part of the property I will soon own. This area is located in the rear of the house and is about 100 feet long. If I proceed with this, are there any legal implications? Does this mean I am giving up my rights to property beyond the fenced off area?
You would not be giving up any property that is not within the fenced area. However, it may be difficult to maintain it.
 

justalayman

Senior Member
Depending on many factors not provided, it could cause you a lot of legal issues. Just the same it may cause none.


Without a lot more details the best answer you will get is; can't say whether it will or won't cause you problems
 

HRZ

Senior Member
IT takes a long time in PA for others to acquire adverse possession or passage/easement rights ....but your post lacks a lot of details ..

But in short you don't want others using or crossing your lands , absent clear written permission to do so, for any length of time wo dusting off the rules and a discussion with counsel. The critical timeline in PA may be 21 years , but you should be proactive long long before that .

As an aside it might be smart to confirm the precise property boundaries ( and lack of prior long term use by others ) of your intended purchase BEFORE you actually close on same ....having done a number of PA transactions I can assure you as buyer it's easier to leverage a cure before you close than afterwards ....you did not say there is a question ..I'm merely adding a suggestion to be sure .
 
I intend to get a survey done. I was told by the present owner that there are two steel rods in the ground indicating the property line.
The area in question is loaded with large rocks and it will take some muscle to clear the land, Hence my reason for fencing off part of it so
that our three dogs can run about without getting hurt by the rocks. There are some trees and I will work around them.
I might even re-sod the area and add a garden. But all of this is just a thought as I need to get settled in first and then make a determination.
 

HRZ

Senior Member
WHat the owner tells you does not really hold much legal water .....absent a prior professional survey you have darn weak leverage if those two rods do not turn out to match the deed ...and the title warranty from the owner may be of very limited practical use ....yes, I've gone out with a 300' tape and a compass and walked a boundary to be somewhat comfortable with same .....but I spent a lot of time and $ to sort out a mere 3 INCH error on a different PA property

IF those stakes match the property legal description you might be 95% safe ....your call

PS a lot of PA deals in many of the printed forms call for the seller to do a survey if there is any need at all for same

CONFIRM COMFIRM CONFIRM before you close.
 

adjusterjack

Senior Member
I agree with HRZ 100% that the time to resolve all this is BEFORE you close.

The best place for a fence is on the property line or a few inches inside the property line.

If the rocks take you in much further than that I suggest a temporary dog run closing off a part of the yard at your back door so there is no mistaking it for a boundary fence.

Chain link is cheap and can be resold on Craigslist when you don't need it anymore and I doubt that you need any kind of permit for a dog run.
 
As mentioned before, I will get a new survey. After I move in. I will consult with an attorney on what I would like to do. I might even
fenced off all the area. The house is located in the Pocono Mountains in Pennsylvania and I got to protect my dogs from the wildlife,
especially black bears. I will also hire a fencing contractor for the job.
 

latigo

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

I am considering fencing off part of the property I will soon own. This area is located in the rear of the house and is about 100 feet long. If I proceed with this, are there any legal implications? Does this mean I am giving up my rights to property beyond the fenced off area?
NO! But the foolishness of the question suggests that you have either taken leave of your good sense or you are hopelessly naïve.
 
You do not know what the rear of the property looks like or all the reasons I am asking. So how can you say the question is foolish?
The idea's I have are not written in stone. The house is about 120 miles away and I am going by memory on what it looked like.
 
Right. Lock the barn door after the horse gets stolen.



Ain't no fence gonna stop a 7' tall, 600 lb black bear that can climb trees and run 35 MPH.
Well I'll have to ask the neighbors who own dogs what they do.
The bears are not that common. One might see one once a year.
 
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latigo

Senior Member
You do not know what the rear of the property looks like or all the reasons I am asking. So how can you say the question is foolish?
The idea's I have are not written in stone. The house is about 120 miles away and I am going by memory on what it looked like.
I'll tell you what the "rear of the property looks like". And I don't need to rely on memory.

It looks exactly the same as it looks to its present owner that isn't paranoid over imagined threats of loosing ownership or encountering "legal implications" or bear attacks because it is not enclosed!
 

HRZ

Senior Member
Well I suspect I am not too far south of OP.. and brown bears are not a rare sighting even in a built up suburb ....police were out looking for one this week. And a coyote can make short work of a small pet

I happen to own some lands near the Poconos ....and let's say some of the property lines are far from clear...and one of my issues took research back almost to Wm Penn to sort out ......and because of slope issues a new survey would be a super whopper expense ....hence my careful attention to fine print in many a contract that imposes survey costs on seller ....your contract may differ..but at least read it .

I would NOT buy anything in the Poconos wo solid counsel on my side handling the details ...look at it as an insurance policy

OP it's far safer to sort out potential loose ends before you close.....and even if there are no loose ends , you will sleep far better.
 
I'll tell you what the "rear of the property looks like". And I don't need to rely on memory.

It looks exactly the same as it looks to its present owner that isn't paranoid over imagined threats of loosing ownership or encountering "legal implications" or bear attacks because it is not enclosed!
Does this mean anyone searching for knowledge should not ask questions on this forum. Hmmm.
 

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