Legal Question in Real Estate Law in Pennsylvania

recently bought a property with a shared lane (driveway). I mentioned this to the title insurance company due to owner of other property said we could not use this lane to access our land.. at settlement title insuramce company said there were no problems.. now after 3 months of using this lane the other other has now placed a huge boulder on lane and we can not get back to home.. I feel if there is a fire on the lnad mtn firecompany can not get back to our home... not sure where to even start title company was notified of this also mortage company we were told to get a lawyer and suggestions


Asked on 6/24/14, 9:57 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Where is the lawyer you hired when you were buying the property?

{John}

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Answered on 6/24/14, 10:09 am
Miriam Jacobson Retired from practice of law

The title company may or may not have insured your access, it depends on what the title insurance policy says, and whether or not you got a survey when you bought the property.

If the deed to your seller gave you rights in common with the neighboring property to use the driveway, the neighboring owner does not have the right to block the driveway. The company's advice to you is correct, you will have to get a lawyer to enforce your rights. The title company, if you turn to it and if it does insure your access, may simply offer to pay you the face value of your policy, and thus buy your property from you. Is that what you want?

You will have to sue the neighbor to force him to remove the obstruction, and you will need to engage the services of a lawyer to do that.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/24/14, 2:05 pm


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