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§ 5527.1. Ten year limitation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: June 19, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
Chapter 55. Limitation of Time (Refs & Annos)
Subchapter B. Civil Actions and Proceedings (Refs & Annos)
Effective: June 19, 2019
42 Pa.C.S.A. § 5527.1
§ 5527.1. Ten year limitation
(a) Adverse possession.--Title to real property may be acquired after no less than 10 years of actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the real property.
(b) Contiguous lots.--
(1) Where an additional lot abuts and is contiguous to real property and has been regularly used as part of and incident to the real property, a possessor who seeks to acquire title to real property under this section may also include the contiguous lot in the action to quiet title under subsection (c).
(2) In order to acquire title to the contiguous lot, the possessor must show that:
(i) The area of the contiguous lot as described by the metes and bounds does not exceed a total area of one-half acre when combined with the real property.
(ii) The possessor has made actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the contiguous lot for a period of not less than 10 years.
(c) Quiet title action required.--
(1) A possessor who seeks to acquire title to real property under this section must, after meeting the requirements of subsections (a) and (b), commence a quiet title action and provide notice as required in this section.
(2) Notice of the action shall include information relating to the respondent's opportunity to cure as specified in subsection (d) and shall be provided to the record owners, their heirs, successors and assigns.
(3) Notice shall be provided in a form approved by rule of the Pennsylvania Supreme Court, which form shall include the metes and bounds description, deed reference, street address, postal zip code, uniform parcel identifier or tax parcel number and the notices of the one-year period to cure as stated in subsection (d).
(d) One-year notice.--
(1) The record owners or their heirs, successors and assigns shall have one year in which to respond by commencing an action in ejectment against the possessor, which action disputes the claim of adverse possession.
(2)(i) If an action in ejectment is so filed and served in accordance with the requirements of this section and the verdict and judgment in the ejectment action are rendered in favor of the record owners, or their heirs, successors and assigns, then both the 10-year statute of limitations set forth in this section and the 21-year statute of limitations set forth in section 5530 (relating to twenty-one year limitation) are tolled, and the court shall render a judgment in favor of the record owners, or their heirs, successors and assigns, disposing of the quiet title action.
(ii) The period for running the statute of limitations for any subsequent claim seeking title by adverse possession under this section or section 5530 shall commence at a date not earlier than the date of the judgment granting the relief requested in the ejectment action.
(3) If no action in ejectment is so filed and served within the one-year period, then judgment may be entered by the court granting title to the real property by adverse possession under this section and the Pennsylvania Rules of Civil Procedure.
(4) A judgment granting title by adverse possession under this section shall not, in and of itself:
(i) discharge, terminate or give rise to a presumption of satisfaction or release of any interest in the property that runs with title to the property, including, but not limited to, easements, profits, covenants, mortgages, liens, judgments and leases;
(ii) otherwise extend or limit the period of time in which claims relating to the property may be asserted against a possessor granted title by a judgment of adverse possession; or
(iii) supersede any applicable provision of law, including, but not limited to, the act of July 31, 1968 (P.L. 805, No. 247),1 known as the Pennsylvania Municipalities Planning Code, or a zoning code of a city of the first class or city of the second class as the case may be, and any subdivision or land use ordinance, to the extent applicable, then in effect in the jurisdiction where the subject property is located. Nothing contained in this section shall limit the otherwise applicable jurisdiction of any zoning officer, zoning hearing board, zoning board of adjustment or governing body with respect to the subject property.
(e) Limitations.--This section shall not apply to real property that is part of a common interest ownership community established under 68 Pa.C.S. Pt. II Subpts. B (relating to condominiums), C (relating to cooperatives) and D (relating to planned communities).2
(f) Nonapplicability.--This section shall not apply to real property that is:
(1) part of a common interest ownership community established under 68 Pa.C.S. Pt. II Subpt. B, C or D; or
(2) owned by the United States, the Commonwealth, a local government, or any agency, authority or other unit of the United States, the Commonwealth or local government, including, but not limited to, a redevelopment authority, municipal authority and school district or joint agency or authority of the United States, the Commonwealth or local government unit.
(g) Nonexclusive remedy.--The relief available under this section is intended to be cumulative and not exclusive of any other rights or remedies that may be available under law or equity, including, but not limited to, the determination of title to a decedent's interest in real estate under 20 Pa.C.S. § 3546 (relating to determination of title to decedent's interest in real estate).
(h) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“Real property.” Real estate not exceeding one-half acre in area that is:
(1) Improved by a single-family dwelling that is and has been occupied by a possessor seeking title under this section for the full 10 years.
(2) Identified as a separate lot in a recorded conveyance, recorded subdivision plan or recorded official map or plan of a municipality.
“Single-family dwelling.” A residence designed for occupancy by one household, whether detached from or attached to other structures.

Credits

2018, June 19, P.L. 223, No. 34, § 1, effective in 1 year [June 19, 2019].

Footnotes

53 P.S. § 10101 et seq.
42 Pa.C.S.A. § 5527.1, PA ST 42 Pa.C.S.A. § 5527.1
Current through 2021 Regular Session Act 90. Some statute sections may be more current, see credits for details.
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