Permanent easement question...

[wisegoob]

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


I have recently found out that my driveway and far side of what i thought was my yard is actually owned by the neighbor. Its been assumed for almost 50 years that way, but now accurate property surveys, perfomed by the township for a new sewer system, show that the propety lines are not what we all thought.
To resolve this, the neighbor's lawyer has proposed giving us a "permanent easement" of the driveway and yard.
My question is is this easement good forever, or can they recind it at any time. Can I do anything i want to this part of the property, or is their restricitons on that. Also, is this easement transferrable to a new owner if my neighbor sells their house. Or am I going to have to go through this all again.
I am kind of weary of this permanent easement solution, i would rather just have them transfer the propety to me. Thank you for any help!

 

[154NH773]

My question is is this easement good forever, or can they recind it at any time.

It depends upon the wording of the easement.
If there are no conditions, then the easement is usually considered to be appurtenant to the property. That means it transfers with the property.
If the easement has extinguishing conditions, specifies an end date, or grants rights to you as an individual, then it is possible that it will not survive a property transfer.
An easement is almost as good as owning the property, with no taxes to pay. With a good lawyer reviewing it for you, I would recommend you agree to the permanent easement.

 

[FarmerJ]

Well worded easements address things like who is to maintain the property , what can and cannot be done to maintain it. Unless a easement gives the person who benefits from it the right to maintain it they have zero right to do more than use it. Yes if you can buy from them that strip of land that would be the ideal thing , If not then a well worded easement would serve both partys interest.

 

[latigo]

DO NOT DO IT!

You neighbor’s lawyer is trying to pull a fast one you hoping that you won’t hire your own lawyer and file a quiet title action (based upon adverse possession) to prevent his client or successors in title from asserting any legal claim to the strip.

You must get this documented because it will cast a cloud on your title until you do.

Under no circumstances should you forego asserting your right to claim the strip by adverse possession in exchange for an easement, whether made appurtenant to the land or not.

You need to set up a consultation with an attorney experienced in real property law. And I mean one well experienced. Quiet title actions are complicated at best.

Just allow me to emphasis this.

The only reason the lawyer has suggested to his client that he grant you an easement is because the lawyer knows that his client cannot assert a possessory right to the strip of land. He has been out of possession too long.

But that doesn’t mean that you can claim legal ownership and pass it to others. That is the purpose of the quiet title action.

Sax

 

[QandA]

Adverse possession requires hostile, open and notorious use of someone else’s property. I don’t think that is the case. It seems as if no one was aware of the actual boundary line.
In my state, you would not have a case for Adverse Possession.
Has your neighbor been paying property taxes on that part of the land that you have been using all these years?

If you wish to own the property, then you should offer to purchase that strip and agree to pay for all the costs involved.

I think your neighbors are being very generous.
I suggest that you consult with a lawyer in your area to determine what your options are but be prepared to spend some money if you believe that your neighbors should just "give" you that strip.

 

[latigo]

QandA

You education on this subject matter appears to be in some need of improvement.

Example: Are you contending that the guest and his predecessors in title have openly possessed and occupied this strip of land over the past 50 years WITH THE CONSENT OF THE RECORD TITLE OWNERS?

Because if it WASN’T a consensual possession, then the possession and use was ADVERSE to the property rights of those record owners! If it conflicted with the otherwise inherent rights of ownership then it was adverse to those inherent rights.

Nor will the fact that there was a mutual mistake as to the location of the deeded boundary line render it less adverse.

There ain’t no in between!

And all it takes in Pennsylvania is 21 years – not 50-years - of open, overt use and possession under color of title. Pennsylvania Code §42-5530.

Moreover, after 21 years of being out of possession of the strip land the record title owner is prevented by the statute of limitations from asserting ownership or bringing an action for ejectment of the disseizor. Also Pennsylvania Code §42-5530.

Taxes? If we are discussing platted and dedicated property lots – as opposed to metes and bounds land descriptions - if the disseizor has been paying the assessments on his platted lot or lots as they stand on the tax rolls, such payments would satisfy the tax requirement for purposes of acquiring title by adverse possession. Even though the strip is not physically shown on the assessor’s records as being part of the dissiezor’s deeded ground.

I’ve been there. I’ve done that. Several times.

However, there is much to be learned from a visual inspection of the physical features and other possible demarcation evidence on the ground. The driveway would seem obvious. But if the “yard” is not fenced or the use boundaries not clearly defined in someway, maybe not.

But I don’t think that this neighbor is knowingly offering to diminish the value of his deed ground by encumbering it with a permanent easement out of the kindness of his heart.

He sought the advice of his attorney to find out what he could and could not do.

The guest needs to ask the same questions of his own attorney.

Sax

 

[drewguy]

But I don’t think that this neighbor is knowingly offering to diminish the value of his deed ground by encumbering it with a permanent easement out of the kindness of his heart.

He sought the advice of his attorney to find out what he could and could not do.

The guest needs to ask the same questions of his own attorney.

Sax

All true -- OP needs to consult an attorney.

But bear in mind that any a.p. case will bear some risk, maybe a little maybe a lot. An easement may be a fair settlement point that avoids the possibility that you lose your driveway entirely.

 

[154NH773]

I agree with Drew. You should consult YOUR OWN attorney.

You will be taking a chance if you try and claim your neighbor's property by adverse possession. It will cost you money, and the court may impose a solution that is adverse to your interests. There is no way of knowing what a court might do.

It seems reasonable to me what your neighbor is proposing. Even though you may have some right to his property in adverse possession, that fight doesn't make for good neighbors, nor does it mean that you are morally entitled to take his property. Sorry, that's just my opinion.