Re: Challenge to Quiet Title Action

Jonathan: I thnk you are correct, and I would file a motion to strike or open judgement ASAP for failure to join necessary parties. Jim Davis Tunkhannock
  ----- Original Message -----
  From: Jonathan A. Spohrer
  To: Real Property Listserve
  Sent: Tuesday, November 14, 2006 9:35 AM
  Subject: [realproperty] Challenge to Quiet Title Action

  Client owns home located adjacent to an alley which serves as an method of accessing the rear of her home as well as providing access to another home located behind client's property. Alley was created by a Coal Company plot plan filed of record in 1924. There was never any public dedication of the alley in question. The alley was open and utilized by the public until May, 2006 when property owner on the other side of the alley in question completed a quiet title action for the alley property.

  The Quiet Title action was initiated against the Coal Company as the sole defendant. Upon filing of the final order, Quiet Title Plaintiff erected various "No Trespassing" signs and strung cables across the opening thereby preventing anyone from using the alley.

  My client and the rear property owners enjoyed un-obstructed access since the area was developed as per the Coal Company's original Plot Plan in 1924 until the signs and cables went up.

  It is my understanding that if an area is developed under a recorded plot plan, then the only way a public alley can be extinguished, even if not dedicated to the municipality, is if all the home owners who purchased and built homes surrounding the alley, in reliance of the existence of Plot Plan alley, must be named in the Quiet Title action in order for the alley to be turned into private property.

  My question, what is the most efficient procedure to have the Quiet Title Action declared defective and null and void by the Court?

  Your thoughts and suggestions are appreciated.

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  Jonathan A. Spohrer, Esquire
  279 Pierce Street
  Kingston, PA 18704-5150

  Telephone: (570) 287-1156
  Facsimile: (570) 287-1157
  Email: jasesquire_at_verizon.net

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Received on Tue Nov 14 2006 - 07:20:03 PST