PRINTER'S NO. 3405
No. 2412 Session of 2004
INTRODUCED BY WHEATLEY, BELFANTI, CORRIGAN, DALEY, DeLUCA,
FABRIZIO, FRANKEL, GERGELY, GOODMAN, HORSEY, JAMES, JOSEPHS,
LEACH, MANN, PETRONE, SCAVELLO, SHANER, SURRA, THOMAS, TIGUE,
WALKO, WASHINGTON AND YOUNGBLOOD, MARCH 15, 2004
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 period of limitation in the doctrine of adverse possession;
4 providing for adverse possession of housing authority or
5 redevelopment authority property; and making related repeals.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 5527.1. Ten-year limitation.
11 (a) General rule.--An action for the possession of real
12 property must be commenced within ten years.
13 (b) Entry upon land.--No entry upon real property shall toll
14 the running of the period of limitation specified in subsection
15 (a), unless a possessory action is commenced for the real
16 property within one year after entry. Without recovery, an entry
17 and commencement of a possessory action shall not toll the
18 running of the period of limitation with respect to another
1 possessory action, unless the other possessory action is
2 commenced within one year after the termination of the first.
3 Section 2. Section 5530(a)(1) and (b) of Title 42 are
4 amended to read:
5 § 5530. Twenty-one year limitation.
6 (a) General rule.--The following actions and proceedings
7 must be commenced within 21 years:
8 [(1) An action for the possession of real property.]
9 * * *
10 [(b) Entry upon land.--No entry upon real property shall
11 toll the running of the period of limitation specified in
12 subsection (a)(1), unless a possessory action shall be commenced
13 therefor within one year after entry. Such an entry and
14 commencement of a possessory action, without recovery therein,
15 shall not toll the running of such period of limitation in
16 respect of another possessory action, unless such other
17 possessory action is commenced within one year after the
18 termination of the first.]
19 Section 3. Title 42 is amended by adding a section to read:
20 § 8503. Adverse possession of housing authority or
21 redevelopment authority property.
22 (a) Claims against authorities.--Any real property of a
23 housing authority or redevelopment authority shall be subject to
24 adverse possession by an individual who:
25 (1) has used that property as a domicile for at least
26 ten years; and
27 (2) otherwise meets the common law requirements to
28 acquire title to real property by adverse possession.
29 (b) Definitions.--As used in this section, the following
30 words and phrases shall have the meanings given to them in this
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1 subsection:
2 "Domicile." That place where a person has a true, fixed and
3 permanent home and principal residence and to which, whenever
4 the person is temporarily absent, the person intends to return.
5 "Housing authority." Any authority or housing authority
6 created or organized in accordance with the provisions of the
7 act of May 28, 1937 (P.L.955, No.265), known as the Housing
8 Authorities Law.
9 "Redevelopment authority." An authority or redevelopment
10 authority created or organized in accordance with the provisions
11 of the act of May 24, 1945 (P.L.991, No.385), known as the Urban
12 Redevelopment Law.
13 Section 4. (a) The act of May 31, 1901 (P.L.352, No.217),
14 entitled "An act to provide for the recording, in certain
15 instances, of titles to real estate acquired by twenty-one
16 years' adverse possession," is repealed insofar as it is
17 inconsistent with this act.
18 (b) All other acts and parts of acts are repealed insofar as
19 they are inconsistent with this act.
20 Section 5. This act shall not affect the title to real
21 property which is the subject of an action commenced prior to
22 the effective date of this section.
23 Section 6. This act shall take effect in 60 days.
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