What PA Home and Property Owners Need to Know About Adverse Possession

Adverse possession can be extremely complex, and it is crucial that you seek the professional guidance of one of the experienced Real Estate attorneys at Bingaman Hess in regard to questions or concerns you may have in regard to it.

Adverse Possession in Pennsylvania

Cornell Law School defines adverse possession as "a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations." The purpose of adverse possession is to help prevent lawsuits, correct defects in titles, ensure land does not remain dormant and to promote land development.

Adverse possession most often occurs when property lines are misdrawn or there is a disagreement about property lines.  Importantly, adverse possession cannot be used to acquire federal or state government-owned property.

In PA, a person seeking to acquire property via adverse possession must prove multiple factors including actual, continuous, exclusive, notorious, and hostile possession of the property for a certain number of years.

Actual Possession

Actual possession may occur when someone treats property as their own. For example, they have made improvements, cultivated the land, built a shed, maintained a fenced-in lawn, paid property taxes, etc.

Continuous

Possession of the property cannot be sporadic for purposes of adverse possession.  It must be continuous and uninterrupted for the length of the applicable statute of limitation.  The person seeking to make a claim for adverse possession must use the property as the title owner would.

Exclusive

Possession of the property must be exclusive. The claimant cannot share possession of the property with the title owner.  For example, if the title owner uses the property occasionally, possession of the property is not considered exclusive.

Notorious

The use of the property needs to be public, allowing the title owner the opportunity to see the use of the property.

Hostile

If the title owner grants permission to use the property, it is not considered hostile and cannot be taken by adverse possession.

Tips to Avoid Adverse Possession Claims on Your Property

1.    Properly identify your property lines.

2.    Monitor and regularly check for encroachments on your property such as driveways, sheds, gardens, mowed areas, etc.

3.    If any property is part of an easement, know what activities are consistent with the granted easement.

Adverse Possession Claim

A trespasser cannot simply declare that they are owner of a property.  Proving adverse possession is required.

To accomplish this, a trespasser must notify the title owner and initiate a quiet title action - "a civil court action or lawsuit that is filed with the intended purpose to establish or settle the title to a property." This action should be filed with the Court of Common Pleas in the county where the property is located.

The burden of proof is on the trespasser. They need to present evidence proving they satisfy all adverse possession requirements – actual, continuous, exclusive, etc. If the title owner wins the case, the quiet title action is dismissed.

If you suspect someone is trying to take your property by adverse possession (but has not yet initiated a quiet title action), you need to assert your rights to the property by confronting the trespasser and gathering evidence that the requirements of adverse possession have not been met. If the trespasser does not respond, you should consider an action in ejectment against the trespasser. 

Legal Advice on a Wide Range of Real Estate Issues

Whether you are a title owner or someone who is initiating a quiet title action, the knowledgeable Real Estate attorneys at Bingaman Hess can help you achieve your goal.

Give us a call at 610.374.8377 or contact us online.