What happens when your neighbor accidentally builds a physical structure onto land which adversely affects your property interest to access that land? That question was partially answered in Big Bass Lake Community v. Warren where the Commonwealth Court held that the trial court had improperly granted an injunction to a homeowner’s association in a planned community.
In order to give themselves more privacy, several lot owners in the planned community built ground planters supported by a short stone wall that bordered their property lines, according to the opinion. Most of the wall ran adjacent to a road owned by the homeowner association to which all lot owners had access. The wall was placed approximately three feet from the edge of the paved portion of the road.
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