Date: Tue, 14 Nov 2006 12:05:07 -0500
Jonathan,
I'd look at the judgment in the QT action. Does it purport to award title
to the entire alley to Neighbor, or just that part adjacent to Neighbor's
property? Based on these facts court is not likely to have had jurisdiction
to do the former. Nor is it likely that your Client has a legal interest in
interfering with Neighbor's title to the alley abutting the Neighbor's RE.
But, if Neighbor has acquired an ownership onterest in the alley, that
ownership interest is burdened by the easement right of all owners of land
in the recorded Plan of Lots. (Note that this is not just those bordering
the alley, though usually they are the only property owners that care.)
You may want file a Declaratory Judgment Action, rather than seek to open
the QT judgment.
Andrea
Andrea Geraghty
Attorney at Law
Two Gateway Center
603 Stanwix Street . Suite 2050
Pittsburgh, PA 15222
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From: realproperty-bounce_at_list.pabar.org
[mailto:realproperty-bounce_at_list.pabar.org] On Behalf Of Jonathan A. Spohrer
Sent: Tuesday, November 14, 2006 9:35 AM
To: Real Property Listserve
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.
***********************************************************
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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