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Residents press Upper Moreland on privately owned alley: solicitor outlines Orphans Court remedy
Summary
Neighbors said a rear alley between Woodlon and Cruz/Cruzen is in poor condition and unclear in title; township solicitor advised residents they likely own up to the centerline and that the usual remedy is a collective petition to Montgomery County Orphans Court to adjust deeds and enable collective maintenance.
Multiple residents raised safety, maintenance and stormwater concerns about an alley that runs between Woodlon Avenue and Cruzen/Cruz and Terrace during the public‑comment period.
"The alley is in really bad shape right now," resident Adam Lion told the committee, urging the township to identify whether the alley is public or private and whether the township could provide technical help. Several residents said parcel lines and county GIS records show inconsistent boundaries and that some deeds show ownership to the centerline while others do not.
Township solicitor Alex explained the legal framework: when a subdivision plan is recorded, the township has a statutory window to accept a dedication of streets and alleys; after that 21‑year period the township generally cannot take ownership. "That triggers a clock of 21 years for the township to accept what they call formal dedication of that laid‑out road as an official township‑owned street," Alex said. Based on available records, the solicitor advised residents the township appears unable to accept dedication now and that individual property owners likely own to the centerline.
Alex outlined legal options: neighbors can hire a real‑estate attorney and file a petition in Montgomery County Orphans Court to clean up title and record new deeds reflecting centerline ownership; once title is clarified the group could form a homeowners association or maintenance agreement to share costs and seek grants or contractors for repairs. Township staff and public works offered to meet on site, provide technical advice, send notice to affected homeowners about maintenance responsibilities, and help with grant‑letter support should residents pursue funding.
Public‑works director Dave Elser said the department would inspect storm drains and evaluate whether any easements exist that would allow township remediation of failing drainage features. Staff urged residents to organize, consider a collective petition, and coordinate with township staff for document review and a neighborhood meeting at the township building.
