Northeastern Pennsylvania Property Disputes Attorneys

Property disputes are a common source of real estate legal issues for Pennsylvania property owners. Whether it’s over trees on a property line or neglected general maintenance, these disputes can cause major headaches.

While it’s best to settle property disputes outside of court, you still need legal representation. That’s where Mazzoni Valvano Szewczyk & Karam comes in. Our team of real estate lawyers has extensive knowledge of Pennsylvania’s real estate laws. We’ll work to settle your property dispute in a timely manner.

The Doctrine of Consentable Lines

The most common property dispute for landowners is where property lines begin and end. Sometimes called the “boundary by consent and acquiescence,” under the Doctrine of Consentable Lines, property boundary lines are established in one of two ways, “either by: (1) dispute and compromise, or (2) by recognition and acquiescence.”

As solidified in Plauchak v. Boling, “The requirements for establishing a binding consentable line by recognition and acquiescence are: (1) a finding that each party has claimed the land on his side of the line as his own; and (2) a finding that this occupation has occurred for the statutory period of twenty-one years.”

So what does this mean for Pennsylvania property owners? In essence, the Doctrine of Consentable Lines follows the following guidelines:

• Both property owners claimed the land on their side of the line as their own.
• Occupation by both parties has occurred for the statutory period of 21 years.

or :

• There was a property dispute over a common boundary line.
• Reach a compromise.
• Both parties have consented and given up any inconsistent claims.

Tree Damage Law

Under Pennsylvania tree damage rules and regulations, if you have a tree on your property that someone damages, you may be able to recover actual damages in the amount of money paid for the tree in order to replace it.

In some cases, where the damaged tree is taken down, the person responsible can face double the amount.

Under 18 Pa. Cons. Stat. § 1107, “Any person convicted for the theft of standing timber under section 3921 (relating to theft by unlawful taking or disposition) shall, in addition to any other sentence imposed, be sentenced to pay the owner of the timber restitution in an amount twice the value of the timber taken.”

Fence Law, Right To Farm Regulations

In a state like Pennsylvania, where we have both urban and rural sectors, it is common for property owners to have fences. They can either divide small yards or protect livestock from running rampant. While in some cases, both property owners can come to an agreement on splitting the costs of the fence. But when only one person wants the fence installed because of the conditions or animals on the other property, things can become very problematic.

Pennsylvania fence law requires that the property owner who has livestock or has other reasons for needing a fence must pay to maintain the fence. It doesn’t matter if they do not want it. In some cases, residential property owners may argue that there is no reason for a fence. If there is no reason to have a fence, there could be no need to maintain it.

The Scranton Real Estate Lawyers Can Help You Settle Your Property Disputes

No one wants to fight with their neighbor, especially if you’ll be neighbors for a long time. That’s why you need Mazzoni Valvano Szewczyk & Karam. With extensive knowledge of Pennsylvania’s real estate laws, our attorneys will make sure the court hears you. This way, your property dispute can end civilly.

If you live in Northeastern Pennsylvania and are in the middle of a property dispute, now is the time to get a Scranton real estate lawyer on your side. Put your trust in a law firm that puts your needs first. If you live in Lackawanna, Luzerne, Wayne, Monroe, or surrounding counties, contact Mazzoni Valvano Szewczyk & Karam for a free consultation today.