If I recently bought a property with 2-3 feet of my deck as an encroachment onto my neighbor’s property, do I need to tear down?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I recently bought a property with 2-3 feet of my deck as an encroachment onto my neighbor’s property, do I need to tear down?

My neighbor is now subdividing, and is asking me to tear it down. Since this was not disclosed properly when I bought my property, whose responsibility is it to tear-down/re-build (we need a second egress so some sort of landing is necessary) – myself, the previous owner, or the Borough who permitted it in the first place?

Asked on June 17, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming that the neighbor is right--and you do not need to take  him at his word, if you think he is wrong; you can and should have the property resurveyed--then you would be responsible for the cost of tearing it down; the current property owner has to correct any encroachments. However, you may in turn have grounds to seek compensation from the person who sold the property to you, if the deck was misrepresented as being legal. The borough is not liable even if they issued permits; they rely on the papers provided to them by the permitting homeowner, and do not go out and resurvey or double check that the boundaries, etc. are correct.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption