Legal Question in Real Estate Law in Pennsylvania

My home purchase (with no property survey) has part of the back bedroom encrouching on an other person's property (as property is now surveyed showing this). Twenty years prior or so, the previous owner built the bedroom first and after completion, told my mother that they thought the addition was over on her property. My parents said that was ok and don't worry about it. Now I have purchased the house and find that I can not get a legal deed when part of this building is on my mother's property. I have the deed from my purchase but there is no mention of encumberance of my house on mom's property. Now my mother has given her land to my brother as she is getting up in years. Now my brother will not sell me the land that the house encroaches upon so I can not sell this property without a clear deed on the part owned now by my brother. How can I get this deed corrected? Melanie Passauer


Asked on 2/28/10, 9:32 am

1 Answer from Attorneys

Just an idea, ask a local attorney about a permanent easement, and s/w your brother. This should have NO impact on your brother or the value of the property. Another option is going for a variance, particularly as you did not create the problem, and destroying the room to become conforming is an extreme measure.

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Answered on 3/05/10, 1:09 pm


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