Right of Way / Property border encroachment

[Ed_Liaigua]

Right of way/property border encroachment
I live on my old farmily farm in Pa.. After returning from Europe I noticed that the trees on the property line, some 230' away seemed to be missing. The trees aways indicated a seperation between the neighbors property and ours. The border was actually located down the middle of a road that has been used for many years as a access to campground and other properties close to the Susquehanna River. Well, upon examination I found that many of my trees were cut down and that the road had been widened to bury the stumps. The person (s) who mantained the road is the same neighbor who borders the property. He lets the campground owner keep his patrons campers and trailers on his property.
I have never been approached about asking me to do this in any way. Once, I have been approached by the patriarch of the clan with the question, once, "Can I take some of your old trees that have fallen and some of the stumps?". I told him that some of the border survey pins, which were supposed to be in the middle of the old road, were referenced by the stumps and that he should call me before he did anything like that. That was before I left for Germany.
Upon my return, I found that They simply widened the road for the purpose of making the access easier for the logging trucks and camping trailers of his business partnerand took more trees. NOW HERE"S WHERE IT GETS INTERESTING. This farm is a rare one indeed. It is one of the last remaining examples of an 19th century PA farm of this type. It has a stream and very old pines on it. And is deamed unique because of it's history and falls under a historic preservation criterion, according to a consulting firm that appraises Historic properties for the Dept of Transportation.
A bypass will be built in the area which, it is predicted, will increase the value of this commercially zoned area, including the farm, substantially. My property is centrally located in this area. I have been made several offers to sell. And to be honest, after about 10 years of traveling, and coming back to find the people whom I knew from my boyhood days and trusted, stabbing me in the back in this fashion, well, I don't like living here anylonger. And because it's really too much for me to take care of, I would like to sell. But, this is my family farm. Being the last to own it. I can't just give it away! And the Irony is, I can't easily sell it because of what my neighbors have done. Since they disturbed a defacto property status, now the border is not sure. And, I was told that this creates what's known as a cloud on the title and deed.
If I wanted to sell the property as a commercial property, I beleive it's value is far greater.
The Road has never been defined in any deed, to my knowledge, as to width. And the road has never been legally defined as to being an easement or a right of way, either. It is simply an old road used in the 1900's to transport Iron ore from mines on one side of the Susquehanna to the other. The ferry rd, as it's called, has evolved into a common and public passage. to many.
I have libility issues regarding this as well as the border issues. The neighbor who did this, is also a train engineer. Strangely, the RR crossing, which is on the way to the river, has also been windened to the new width of the road. Whether this came first and then the road was widened or the road came first and then the crossing? It is not clear. The neighbors own quite a bit of property and assets. I have also gotten several bids for a new survey to be done. Which is a priority for me.
I feel that I am stuck in limbo here. I wish to move on but can't because of the cloud caused by the unilateral actions of my neighbor. I feel that he has created a legal quagmire for me. Keeping me trapped in a situation that is where I don't want to be. What can I do?


Last edited by Ed Liaigua on 03-31-2002 at 04:56 AM

 

[Michael Wechsler]

You seem well versed with the laws of real estate, e.g. easements. It is not a situation that you want to have, especially due to liability issues. You may want to have an independent survey done by a surveyor to determine whether or not you do own the land that has currently been used. This can be done relatively quickly.

Assuming it turns out as you anticipate, you definitely want to submit an official objection to these actions. You may want to send a demand letter, certified return receipt, that your neighbor restore the land to it's original condition. You may want to state that the condition is not acceptable, the road was unilaterally widened without your knowledge nor permission and that you object to such usage and actions. Any use of the road on your land will be considered trespass and will be reported to the authorities. You will probably want an amicable resolution but will take it to court if necessary. The key here is making sure that you have not been passive or acquiescent in allowing either an easement or adverse possession (their ownership of the land by force to which you do not object, occurring over a period of 10-20 years, depending upon the state.)

As it is one of the oldest lands and a potential landmark, you may want to do some research with the state/federal government. At the same time, beware since they also may make certain impositions on your land if it is declared a landmark.

 

[Ed_Liaigua]

99 year access lease

Thank you for your helpful response. I had talked to the surveyor and he said there was a precident in so far as there was a relative and perhaps applicable law regarding undefined roads and rights of way's. According to the surveyor, he seems to think that these roads are defined as 30 ft. wide. And then on improved or subdivision roads it was a 50ft right of way. I will have to talk with my Attorney about researching this. I had the idea of working out a deal with the neighbor, etal, as to leasing my side, or even selling for 1 dollar, that portion that is the issue. I, feel that I will never see anything for the trees that they took while I was away. Nor will I recover anything here for the loss of value to my property because of their unilateral actions of destroying my privacy, wind break, etc.. My aim is to, at least clear the title, and sell or create a stable status quo between all parties. You know, why must I be the person funding all this? It's just an example of how these people operate and their systematic harassment. I am sure that they have not thought this up alone. I have heard that they, the neighbor clan, have an attorney that is a cousin or something, that must be consulting them. But, isn't instigating such an action just to harrass me into selling or moving out a crime of some sort. I mean, I learned that from my now deceased mother that she was being harrassed by person or persons unknown for sometime while I was not here. Things like door rattling and strange phone calls. Pebbles and gravel being thrown against the windows etc. After, she died, I was living here alone, as I am now, and whomever was doing it didn't seem to get the word. Because it continued for a little while after that. They wanted my mother to sell out cheap. Once, There was a parcel that the Neighbor wanted. But, He didn't want to pay the price it was worth. She sold it to some else, not from this area. Strangly, shortly after my mother's death, they sold it to the neighbor causing the problems. Later, it was learned that the bypass will come very close to this property. Making it less desirable. But, I saw the neighbor in a restaurant, by chance and he told me, somewhat boastfully, that he just got my mother's property. Well, the story has some other twists and turns. But, basically, this is where I stand at the moment. Occasionally, I still get strange phone calls. But, now they not so bad. My mother and I had some arguments, mostly related to my drifting in life and about girlfriend and the like. I left, quite literally, for about ten years. I travelled and did other things away from home. But, the neighbors knew this. And seemed to cause, through harassment, that it was me. just to make the situation more desirable for them to pick up the property at a bargain price. I never did any of the the harassment that my mother experienced. I was away. Very far away. In China, Japan and Europe, to be specific. Later, she seemed to believe that it wasn't me. And during the last year of her life, I lived again at home and helped her around the farm. And we were on better terms. She told me of some of the problems regarding the road and seemed to imply that she has been talking with the neighbors and had come to some terms. Regarding what, specifically, was not sure. I now believe it must have been about the property/harassment. She never was explicit though. She alway said that it was her opinion that it was the responsibility of those who used the road to maintain it. She died in 96. I miss her.

 

[Michael Wechsler]

I'm sorry to hear about your mother.... With regard to the property, you want a lease so that there is no property line issue. Can become extremely relevant upon sale of the property in addition to the other concerns. Best of luck.