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adverse possession of a right of way

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Post Posted: Thu Jun 10, 2010 7:51 pm    Post subject: adverse possession of a right of way
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there is a right of way across the rear of my property to the rear of my neighbor's property. It has not been used in over 25 years. There are actually very large trees growing in it. It states it is for ingress, egress and regress. He is now selling the property and the new owner's are talking about paving the right of way so they can build a garage. Can I claim adverse possession of the right of way because of non-use over 21 years which is the time frame in Pennsylvania where I live?
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smith.sussane




Joined: 18 Sep 2008

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Location: Alaska
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Post Posted: Thu Jun 10, 2010 9:33 pm    Post subject:
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Hi Guest!

Welcome to forums!

Whether or not you will be able to claim adverse possession on that property will depend upon your state laws. As far as I know, in order to adverse possess a property, you should have maintained it and paid taxes for it. If you haven't done so, you won't be able to claim possession. Nevertheless, I would suggest you to contact a real estate attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane
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