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Do I need a Real Estate Attorney? Do I have a case?

The township (Ross Twp, PA) in which I live owns an alley-way/right-of-way next to my property, and on it is a large tree. The tree's roots worked their way into my sewer line, backing it up and causing me to pay a $1600.00 plumbing bill to dig up the line and clear it. I have everything well-documented with pictures and plumber's receipts. I have tried to contact the Township to have them reimburse me, but they won't return my call. Do I have a case against them?

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Attorney answers (1)

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How do you know that Ross Township "owns" the alley? Is it passable or is it a "paper street"? Is it paved and/or maintained by the Township? There are many alleys laid out in old plans that were never dedicated to the municipality. The Township may maintain a list of streets that it maintains -- see if it is available from public works. The fact that a tree is in the alley makes me wonder whether this road is claimed by the municipality. In addition, I think you will need a survey to determine whether the tree is truly in the right of way. The tree may turn out to belong to a neighbor.

Sorry I can't give you a more definitive answer, but you must determine the facts first.

CLT
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