Grant of Easement / Adverse Posession / Spin-up!

If you look at the plot plan we got from Joe, you will see there is an "encroachment of adjoiner's dwelling" on the South-West property line.  Actually, I would probably not have noticed this if it were not for Joe's knowledge of the township... but anyway, it is there.

Honestly, it is minimal. The neighbor's house is about 9 inches over the line, but their A/C unit, gravel pad and some gas line plumbing is square over the line - up to 4 feet, I would say.  Fact it, their stuff is on our (well, soon to be our property).  Not that it really matters to us as it is on the edge, and we are not likely to need that part anyway... but it is what it is.

Based on what Joe told us, we have to account for any/all items on our land. Meaning, when we do our impermeable surface calculations for the proposed build, their stuff would count against us.  Again, it is not such a bit area, but it is something.  You'd be surprised at the various surfaces that count as impermeable;  pea gravel, stone walks, wooden raised decks. 

There is that, and then there is the pure and simple fact that we need to know what the seller is selling and what we are buying.  We have to be 100% in agreement on that.   So, again, Joe helped us out by giving us the legal property description documents for both lots. And, luckily, they agree exactly. Meaning, there is no problem in figuring out the actual property lines with respect to the township, the tile companies, and the mortgage companies.  We're good to go on that front.

Problem comes in with the Adverse Possession Laws in Pennsylvania.  Basically this law says that if someone uses your land and you don't assert your right to that land, you lose legal ownership of it.  It has to go unnoticed for 21 years in PA, but still. You don't use it... you lose it.  This whole law comes from the fact that the government wants people to own and use land.  Not just squat on it. 

Truth is, if the sellers of this lot had never submitted a plan to the township for approval  there would have been no need for a detailed land survey... and this would have gone un-noticed until the ownership of the parcel of land transferred to the neighbors.  Truth is, there is a line of trees on our side of the property line and it seems that the neighbors and the sellers had been treating this as the neighbors plot of land even though the neighbors knew of the true property line.

Anyway, while we have the legal right to cut down all those trees and have the neighbors remove the offending portions of the encroachment, we would never do that.  Just not cool.  I mean, it is not harming anyone, and what a horrible way to kick off a relationship with the new neighbors.

"Hi, we're moving in.  Don't mind the bulldozers ripping out your AC unit.  Hey, we should have a beer some day."

The legal remedy here is to grant an easement.  This is a legal statement along the lines of, 

Hey, we both know this is our property, but since you are using it and being cool about its use, we're going to grant you a right to it.  It is still ours, but here ya go.

Now, there are some ways to do this, but we want to make sure that this easement stays with the land and does not encumber any sale of either property in the future.  How would you like to buy a house if you knew a portion of the land was being used by someone else?

Think of it like this.  You buy a lot... it happens to be behind another lot, and you can't get to yours without going through theirs.  They would grant you an easement for a driveway, for example.  You are allowed to cross my property to get yours... but it is still mine.

So, that is exactly what we are going to do.  See?

Interestingly enough, the township does not care in the slightest.  It would be good of us to submit a copy of this easement to the township for both property files... but it is our land, and therefore it is up to us.

Pretty cool, eh?

We talked to the neighbors about this property line issue... and I think they think we're lawyer'ng up for a fight.  Nope, we just want to move in, be cool with the neighbors and let everything be.   Just want to make sure we're all clear.