How long does adverse possession take in PA?

21 years
In Pennsylvania, the person asserting adverse possession must show the possession is actual, exclusive, visible, notorious, distinct, and hostile for 21 years. There is a lot of overlap between the elements.

How do I file adverse possession in PA?

To initiate a case, an adverse possessor must commence an action to quiet title and provide notice of the action to the record owner. The action to quiet title must be filed in the county in which the disputed property is located[liii] in the Court of Common Pleas.

When does adverse possession become legal in PA?

In Pennsylvania, a claim of adverse possession gives a trespasser legal title to property if they can prove actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of property for (in most cases) 21 years.

How to claim adverse possession of a property?

For a trespasser to successfully claim adverse possession, they must prove their possession of the property was actual, continuous, exclusive, visible, notorious, distinct, and hostile.

Can a trespasser tack on an adverse possession?

Sometimes, an adverse possession claimant may be able to ” tack on ” a previous trespasser’s use of the land if there is some connection between them. For example if Jane “sells” John a piece of property she trespassed on for fifteen years, and John continues to trespass for another seven years, the twenty one year requirement may be fulfilled.

When does adverse possession of registered land end?

There are important transitional provisions in the Land Registration Act 2002 covering cases where a squatter was in adverse possession of registered land for the requisite limitation period under the Limitation Act 1980 so as to have acquired the right to be registered as proprietor before 13 October 2003.

What is the definition of adverse possession of property?

Adverse possession is a means of attempting to gain legal title to property by continuous possession of the property for at least seven successive years in an open, notorious, and visible manner such that it conflicts with the owner’s right to the property.

Can a trespasser make an adverse possession claim?

The actual possession requirement is fulfilled when a trespasser is actually on the property and using the property. If someone notices that a piece of property is being unused, but they are not actually on the property or using the property themselves, they cannot make an adverse possession claim.

How does adverse possession apply to an easement?

For property rights granted by an easement (e.g. a trail easement or conservation easement), hostile possession requires use directly inconsistent with the easement to extinguish the easement by adverse possession. [xxvi] In Estojak v.