lundi 4 juin 2018

Boundary Agreements: Shared Steps and Boundary Line/Encroachment Issues

I live in western Pennsylvania. My neighbor and I share a set of steps (which are old and badly in need of repair) from the street up to our respective homes. For the most part, with some slight variations, the steps straddle the property line between my neighbor's property and my own with roughly equal shares on each side. I have offered, at my expense, to remove and replace the steps, but she is not cooperative and would prefer that I simply build new steps solely on my property. I would actually prefer this as well as it would be significantly cheaper if we don't have to remove the existing steps and I would be happier not having to share with the neighbor. My concern though is that if the existing steps remain on my property, I will still be liable for any injuries that may be sustained by visitors to my neighbor's property. What is my best course of action? Would it be necessary to make a lot line adjustment and record a new plan/deed wherein I would cede my neighbor the portion of the property that includes the existing steps? Or would an Encroachment Agreement that includes an indemnification/hold harmless clause be sufficient?


Boundary Agreements: Shared Steps and Boundary Line/Encroachment Issues

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