Legal Opinion

Czarkowski v. Jennings

Pennsylvania Court of Common Pleas, Lackawanna County

Decided November 18, 2013No. 13 CV 5188Published

1Opinion of the Court

NEALON, J.,

Glenbum Township property owners have filed a motion for a preliminary injunction seeking to enjoin their neighbor from asserting any interest in a six foot portion of the twelve foot wide alley which separates their properties, and to bar that neighbor from entering or using six feet of the alley which is allegedly owned by them. The movants assert that as abutting landowners, they have acquired title in fee to one-half of the alley pursuant to 36 P.S. § 1961, and that their neighbor has trespassed and caused irreparable water damage to their property by performing excavation…

2Cases cited39 opinions

  1. Summit Towne Centre, Inc. v. Shoe Show of Rocky Mount, Inc.Supreme Court of Pennsylvania · 2003
  2. Kopka v. Bell Telephone Co. of Pa.Supreme Court of Pennsylvania · 1952
  3. Rahn v. HessSupreme Court of Pennsylvania · 1954
  4. Ruthrauff, Inc. v. Ravin, Inc.Superior Court of Pennsylvania · 2006
  5. Ambrogi v. ReberSuperior Court of Pennsylvania · 2007

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