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 20040H2412B3405 - 2 -
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. L5L42MSP/20040H2412B3405 - 3 -