Property line dispute

[Handel Carter]

I got a letter from a lawyer that part of my driveway is on his clients property. When I purchase the home, the driveway was paved. Has been for 30yrs I’m told. The letter says my options are return to prior state, which to me is nothing but what I see, pay lump sum to purchase or lease it. Is this on the real estate company that sold me this? I’m not paying for something I didn’t do, nor just going to lay down to losing part of a driveway that was sold to me. Any thoughts?

[Davido Davido]

@Handel Carter,  you are not required to do anything at all -unless a court orders you.    The burden of proving any claim for any portion of your driveway is entirely upon the Attorney and his client.   I'd respond in writing, that you are happy to look over any documentation they have regarding their claim.  Take @Henry J. 's advice, "contact the lawyer and ask them to show you the survey, and paperwork showing that you’re using their land. Then from there do your homework to research" .   However, I wouldn't feel a need to hire an attorney or surveyor, unless and until a lawsuit is filed.   Having an attorney send out a demand letter is a common tactic to scare a party into compliance.  Actually filing a lawsuit is more rare and much more expensive.   If this is a small slice of property that hasn't been used by the claimant or his predecessors for 30 years, then a lawsuit against you is unlikely.

But if you are sued, then based on what you've posted, you have a valid (legally cognizable) defense.  30 years of continuous use of the property by you and your predecessors constitutes (Adverse Possession and/or Prescriptive Easement).  Pennsylvania has recently changed its AP laws making it easier to claim. 

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=27&subsctn=1

Here is a case of adverse possession with facts somewhat similar to yours.   From what information is in this post, you likely have nothing at all to worry about.

https://zwick-law.com/2018/01/17/zwick-law-develops-new-adverse-possession-law/#:~:text=What%20is%20Adverse%20Possession%3F&text=Under%20Pennsylvania%20law%2C%20to%20sustain,%2Done%20(21)%20years.


Despite the fact that your new neighbor's attorney's  "... letter says my options are return to prior state, (or) .... pay lump sum to purchase or lease it."   You have many options.  Including calmly doing nothing.  The burden is on them.   Call the attorney, ask him to send you all documentation supporting his claim, and ask him how he thinks his client could ever prevail against the valid and just claim of your and your predecessors to possession of the driveway for more than 30 years, or at the very least to a prescriptive easement (the disputed land is theirs, but by years of continuous use, you and your predecessors have established the right to use it).