This book highlights the important statutes and cases in Pennsylvania boundary law and provide an overview of conflicts that arise and practical methods for resolving them.
Table of Contents
Litigation among Adjoining Landowners
I. Introduction
II. Setting Boundaries
A. Boundary Determined by Intent of the Parties at the Time of Original Subdivision
B. Boundary Determined by Consent
C. Boundaries between Municipalities
III. Party Walls
A. Introduction
B. Determining Whether a Wall Is a Party Wall
C. General Principles
D. Liability for Removal of Party Walls or Adjoining Structures
E. Party Wall Statutes
IV. Adverse Possession
A. Major Amendment to the Law
B. Nature of Adverse Possession
C. Property Not Subject to Adverse Possession
D. Elements of Adverse Possession
V. Easements
A. Generally
B. Easements by Prescription
C. Implied Easements from Prior Use
D. Easements by Necessity
E. Negative Easements
F. Easements by Estoppel (License Coupled with an Interest)
VI. Encroachment
A. Generally
B. Equitable Considerations
C. General Principles
VII. Trees and Bushes at Property Lines
A. Do Trees Support Adverse Possession Claims?
B. Can You Cut a Neighbor’s Branches, Roots or Trunk?
VIII. Bringing the Appropriate Action
A. Introduction
B. Action in Ejectment (Determines POSSESSION Only)
C. Action to Quiet Title (Determines TITLE Only)
- Glossary of Terms in Conveyance & Boundary Law
- Hypotheticals