What are my rights as a homeowner to protest a bike trail that will be directly on my property line?
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What are my rights as a homeowner to protest a bike trail that will be directly on my property line?
Asked on February 8, 2012 under Real Estate Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I think it depends on who is putting in the bike trail. Although you as a home and property owner have a right to quiet enjoyment of your property, the county or state may indeed have pre-emption rights, meaning that they have rights that are superior to your rights if there is an issue with land. And if it is public land or government owned land then again their rights are superior. I would consult with an attorney as to what you can do to legally protect your land from trespass along the trail (fences, etc.). Good luck.
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