1. Ten year limitation. (a) Adverse possession.-- Title to real property may be acquired after no less than 10 years of actual, continuous,
Pennsylvania Consolidated Statutes
Section: 55271
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 55271
§ 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), 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). (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. (June 19, 2018, P.L.223, No.34, eff. one year) 2018 Amendment. Act 34 added section 5527.1. Cross References. Section 5527.1 is referred to in sections 5527.2, 5527.3, 5530 of this title; section
1143 of Title 53 (Municipalities Generally).
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