PRIOR PRINTER'S NO. 3405 PRINTER'S NO. 3981
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
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 7, 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 NOTWITHSTANDING SECTION 5530(A)(1) <--
12 (RELATING TO TWENTY-ONE YEAR LIMITATION), AN action for the
13 possession of real property ON WHICH THERE IS A SINGLE-FAMILY <--
14 DWELLING BROUGHT AGAINST AN INDIVIDUAL WHO HAS USED THAT SINGLE-
15 FAMILY DWELLING AS A DOMICILE FOR AT LEAST TEN YEARS must be
16 commenced within ten years.
17 (b) Entry upon land.--No entry upon real property shall toll
18 the running of the period of limitation specified in subsection
1 (a), unless a possessory action is commenced for the real
2 property within one year after entry. Without recovery, an entry
3 and commencement of a possessory action shall not toll the
4 running of the period of limitation with respect to another
5 possessory action, unless the other possessory action is
6 commenced within one year after the termination of the first.
7 Section 2. Section 5530(a)(1) and (b) of Title 42 are <--
8 amended to read:
9 SECTION 2. SECTION 5530(A)(1) OF TITLE 42 IS AMENDED TO <--
10 READ:
11 § 5530. Twenty-one year limitation.
12 (a) General rule.--The following actions and proceedings
13 must be commenced within 21 years:
14 [(1) An action for the possession of real property.] <--
15 (1) [AN] EXCEPT AS PROVIDED IN SECTION 5527.1 (RELATING <--
16 TO TEN-YEAR LIMITATION), AN ACTION FOR THE POSSESSION OF REAL
17 PROPERTY.
18 * * *
19 [(b) Entry upon land.--No entry upon real property shall <--
20 toll the running of the period of limitation specified in
21 subsection (a)(1), unless a possessory action shall be commenced
22 therefor within one year after entry. Such an entry and
23 commencement of a possessory action, without recovery therein,
24 shall not toll the running of such period of limitation in
25 respect of another possessory action, unless such other
26 possessory action is commenced within one year after the
27 termination of the first.]
28 Section 3. Title 42 is amended by adding a section to read:
29 § 8503. Adverse possession of housing authority or
30 redevelopment authority property.
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1 (a) Claims against authorities.--Any real property of a
2 housing authority or redevelopment authority shall be subject to
3 adverse possession by an individual who:
4 (1) has used that property as a domicile for at least
5 ten years; and
6 (2) otherwise meets the common law requirements to
7 acquire title to real property by adverse possession.
8 (b) Definitions.--As used in this section, the following
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Domicile." That place where a person has a true, fixed and
12 permanent home and principal residence and to which, whenever
13 the person is temporarily absent, the person intends to return.
14 "Housing authority." Any authority or housing authority
15 created or organized in accordance with the provisions of the
16 act of May 28, 1937 (P.L.955, No.265), known as the Housing
17 Authorities Law.
18 "Redevelopment authority." An authority or redevelopment
19 authority created or organized in accordance with the provisions
20 of the act of May 24, 1945 (P.L.991, No.385), known as the Urban
21 Redevelopment Law.
22 Section 4 3. (a) The act of May 31, 1901 (P.L.352, No.217), <--
23 entitled "An act to provide for the recording, in certain
24 instances, of titles to real estate acquired by twenty-one
25 years' adverse possession," is repealed insofar as it is
26 inconsistent with this act.
27 (b) All other acts and parts of acts are repealed insofar as
28 they are inconsistent with this act.
29 Section 5 4. This act shall not affect the title to real <--
30 property which is the subject of an action commenced prior to
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1 the effective date of this section.
2 Section 6 5. This act shall take effect in 60 days. <--
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