By Kelly M. Arbogast, Esq.

Commonly known as “squatters rights,” adverse possession provides an avenue to obtain title to another person’s real property without purchasing it. 42 Pa.C.S. § 5527.1. While salacious, this law has a reasonable purpose: to encourage the efficient use of land, and to prevent vacant spaces from deteriorating. 

Title to real property may be acquired by someone other than the actual property owner after the trespasser has established (1) actual, (2) continuous, (3) visible and notorious, (4) distinct and exclusive, and (5) hostile possession of the real property. Conneaut Lake Park v. Klingensmith, 362 Pa. 592, 66 A.2d 828 (1949). Thereafter, the trespasser (also known as “possessor” or “claimant”) may initiate a quiet title action against the record property owner. The record owners, or their heirs, have just one (1) year in which to respond by commencing an action in ejectment against the possessor. 42 Pa.C.S. § 5527.1(d).

Each of these five (5) elements is described below:

  1. Actual possession requires that a trespasser be actually and physically on and using the property. Broadly speaking, “actual possession” of land is dominion over the land; it is not equivalent to occupancy. Brennan v. Manchester Crossings, Inc., 708 A.2d 815, 817 (Pa. Super. Ct. 1998). 
  2. Possession must be continuous and uninterrupted for 21 years, 42 Pa.C.S. § 5530(a)(1), except for adverse possession of a single family home on less than one-half acre where possession need only be continuous and uninterrupted for 10 years.  42 Pa.C.S. § 5527.1(h). This element does not require that the trespasser remain continuously on the land or perform acts of ownership daily.
  3. Visible and notorious possession means that the possession of the land must be sufficient to place a reasonable person on notice that the land is being used by the possessor as if the possessor owns it. Put another way,  the use should be such that the owner has the possibility of seeing the possessor use the land.  Sterner v. Freed, 391 Pa.Super. 254, 570 A.2d 1079 (1990)
  4. The exclusive and distinct possession requirement means that the adverse possessor must exclude others from the property and use the land in the same way an owner would; if a group of trespassers regularly uses the land, the use is not “exclusive.” Reed v. Wolyniec, 323 Pa.Super. 550, 471 A.2d 80 (1983).
  5. Sometimes called “adverse,” the trespasser’s use of the land must be “hostile” to the actual owner’s rights to the land. This does not mean ill will. Rather, this means that the rights of the landowner and the trespasser’s use must be in conflict. The actual owner giving permission to someone to be on the land is not hostile, and it therefore does not conflict with the owners rights to the land. In re Rts. of Way & Easements Situate in Twp. of Mt. Pleasant, 47 A.3d 166 (Pa. Commw. Ct. 2012).

To avoid ending up in a situation where a person is claiming that they have adversely possessed your land, and is now seeking a quiet title action against you, we recommend taking these steps:

  1. Avoid unintentional Adverse Possession by marking your land
    Adverse possession is not always a result of a person knowingly or intentionally trespassing on land they do not own. In fact, it is often the result of an unintentional trespassing that happens when the landowners are mistaken regarding their property lines. For example, if your neighbor installed a fence on your property, and has been maintaining the land up to that fence line for 21 or more years, then your neighbor may have a good claim that they have been adversely possessing that portion of your land. Gary v. Dane, 411 F.2d 711 (D.C. Cir. 1969). Avoid this situation by clearly marking your land barriers.
  2. Avoid Intentional Adverse Possession by inspecting your land regularly
    Make sure you know your property lines and inspect them regularly to ensure that no one is infringing on your boundaries.
  3. Offer to rent the property to the trespasser or grant them written permission to use the land.
    Permission prevents adverse possession because the possession is no longer hostile, aka adverse. So, giving someone limited permission to access the property for a specific purpose defeats a claim of adverse possession.
  4. Act fast!
    Make sure the possessor does not meet the statutory requirements.  The timeframe to make an adverse possession claim is 21 years, unless the possession has been of a single family home on less than one-half acre, in which case the possession need only occur for 10 years.
  5. File an Ejectment Action
    If you receive notice that a possessor is asserting a claim of adverse possession on a piece of property that you own, reach out to an attorney to discuss filing an ejectment action within one (1) year of the receipt of notice.

If you are concerned that someone is possessing your land, if you receive a notice about adverse possession, or you need advice on preventing this type of ownership, call us at 412-209-3200 or email Karbogast@palawfirm.com to schedule a free, no-obligation consultation.