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 Post subject: Who is responsible for code violations on an easement?
PostPosted: Mon Feb 22, 2010 10:07 am 
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Joined: Wed Feb 13, 2008 9:12 pm
Posts: 6
I'm looking at a property in Mt Oliver.

The borough inspector has identified a potentially expensive code violation on a retaining wall near the edge of the property. The inspector is of the opinion that the wall needs torn down and re-built.

It appears that the wall in question may be affixed to a house which straddles the property line. The property I am looking at has an easement which forbids modifying/destroying the encroaching house.

How do I determine if the wall (which is not mentioned explicitly in a deed) is covered by the easement? If it is in the easement who is the responsible party to rectify any code violation? Is there a gray-area? If the easement is vague what process would I use to make the determination? Clearly neither I not the owner of the other property wants to have to pay for the repair.


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 Post subject: Re: Who is responsible for code violations on an easement?
PostPosted: Thu Mar 04, 2010 6:12 pm 
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Joined: Tue Feb 12, 2008 4:45 pm
Posts: 111
Location: Pittsburgh, PA
Note: Phil emailed the reply to me:

Without looking at the easement agreement to determine what type it is, we cannot determine who is responsible for that area. Also a survey is needed to determine upon whose property the wall is located. In any situation like this, the first two questions need answered before determining responsibility for the code violation. If the easement is for your benefit then you would appear responsible for its maintenance.


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