Ed_Liaigua
New Member
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
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