Legal Opinion
Koresko v. Farley
Commonwealth Court of Pennsylvania
Decided March 10, 2004PublishedCited by 16 opinions
1Opinion of the Court
OPINION BY
Judge SIMPSON.
In this case of first impression we are asked whether a prescriptive easement over land arises from encroaching tree roots and overhanging branches. The Court of Common Pleas of Chester County (trial court) concluded no such easement arose and granted judgment on the pleadings. We affirm.
John J. Koresko and Bonnie J. Koresko (Neighbors) purchased property in the Township of Tredyffrin (Township) in June 1996. Located near the one property line are several trees over 21 years in age, which hang over the boundary with the neighboring property (subdivided property). The…
2Cases cited26 opinions
- Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
- Commonwealth v. StarrSupreme Court of Pennsylvania · 1995
- Spain v. VicenteSupreme Court of Pennsylvania · 1983
- Caln Nether Co., L.P. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 2004
- Jones v. WagnerSuperior Court of Pennsylvania · 1993
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Weaver v. Franklin CountyCommonwealth Court of Pennsylvania · 2007
- Tennyson v. Zoning Hearing Board of West Bradford TownshipCommonwealth Court of Pennsylvania · 2008
- Berner v. Montour TownshipCommonwealth Court of Pennsylvania · 2015
- S.R. Monger and H.S. Morris v. Upper Leacock Twp.Commonwealth Court of Pennsylvania · 2016
- I. Krug v. Board of Supervisors of E. Nantmeal Twp.Commonwealth Court of Pennsylvania · 2019
11 more not listed; retrieve them via the Exa API.