| |
| PRIOR PRINTER'S NOS. 1582, 3690 | PRINTER'S NO. 3851 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY WHEATLEY, BISHOP, DeLUCA, GEIST, JOHNSON, McGEEHAN, PAYTON, PRESTON, SIPTROTH, K. SMITH, J. TAYLOR, WAGNER, YOUNGBLOOD AND MURT, APRIL 22, 2009 |
| |
| |
| AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 7, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for the |
3 | period of limitation relating to claims of adverse possession |
4 | under certain circumstances; and providing for uniform |
5 | notice, FOR mesne profits and for reimbursement. |
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 sections to read: |
10 | § 5527.1. Ten-year limitation. |
11 | (a) Adverse possession.--Title to real property may be |
12 | acquired after no less than ten years of actual, continuous, |
13 | exclusive, visible, notorious, distinct and hostile possession |
14 | of the real property. |
15 | (b) Contiguous lots.-- |
16 | (1) Where an additional lot abuts and is contiguous to |
17 | real property and has been regularly used as part of an |
18 | incident to the real property, a possessor who seeks to |
|
1 | acquire title to real property pursuant to this section may |
2 | also include the contiguous lot in the action to quiet title |
3 | under subsection (c). |
4 | (2) In order to acquire title to the contiguous lot, the |
5 | possessor must show that: |
6 | (i) The area of the contiguous lot as described by |
7 | the metes and bounds does not exceed a total area of one |
8 | acre when combined with the real property. |
9 | (ii) The possessor has made actual, continuous, |
10 | exclusive, visible, notorious, distinct and hostile |
11 | possession of the contiguous lot for a period of not less |
12 | than ten years. |
13 | (c) Quiet title action required.-- |
14 | (1) A possessor who seeks to acquire title to real |
15 | property pursuant to this section must, after meeting the |
16 | requirements of subsections (a) and (b), commence a quiet |
17 | title action and provide notice as required in this section. |
18 | (2) Notice of the action shall include information |
19 | relating to the respondent's opportunity to cure as specified |
20 | in subsection (d) and shall be provided to the record owners, |
21 | their heirs, successors and assigns in the manner described |
22 | in this section, section 5527.2 (relating to uniform notice) |
23 | and the Pennsylvania Rules of Civil Procedure. |
24 | (d) One-year notice.-- |
25 | (1) The record owners or their heirs, successors and |
26 | assigns shall have one year in which to respond by commencing |
27 | an action in ejectment against the possessor, which action |
28 | disputes the claim of adverse possession. |
29 | (2) If an action in ejectment is so filed and served |
30 | within the one-year period and judgment is awarded to the |
|
1 | plaintiff in the ejectment action, the statute of limitations |
2 | is tolled. |
3 | (3) If no action in ejectment is so filed and served |
4 | within the one-year period, then judgment may be entered by |
5 | the court granting title to the real property by adverse |
6 | possession pursuant to this section and the Pennsylvania |
7 | Rules of Civil Procedure. |
8 | (e) Nonapplicability.--This section shall not apply to real |
9 | property that is part of a common interest ownership community |
10 | established under 68 Pa.C.S. Pt. II Subpts. B (relating to |
11 | condominiums), C (relating to cooperatives) and D (relating to |
12 | planned communities). |
13 | (f) Definition.--As used in this section, "real property" |
14 | means real estate not exceeding one acre in area that is: |
15 | (1) Improved by a single-family residential dwelling |
16 | that is and has been occupied by a person seeking title under |
17 | this section for the full ten years. |
18 | (2) Identified as a separate lot in a recorded |
19 | conveyance, recorded subdivision plan or recorded official |
20 | map or plan of a municipality. |
21 | § 5527.2 Uniform notice. |
22 | Notice shall be provided in a form approved by rule of the |
23 | Pennsylvania Supreme Court, which form shall include the metes |
24 | and bounds description, deed reference, street address, postal |
25 | zip code, uniform parcel identifier or tax parcel number and the |
26 | notice of the one-year period to cure as stated in section |
27 | 5527.1(d) (relating to ten-year limitation). |
28 | § 5527.3 Mesne profits. |
29 | Record owners, their heirs, successors and assigns shall have |
30 | the right to seek any mesne profits in an action in ejectment | <-- |
|
1 | filed in response to the notice served under section 5527.1 |
2 | (relating to ten-year limitation) or waive the right to such |
3 | recovery. Recovery shall be limited to the mesne profits |
4 | applicable to the six-year period ending with the commencement |
5 | of the action in ejectment pursuant to section 5527(b) (relating |
6 | to six year limitation). |
7 | § 5527.4 Reimbursement. |
8 | The defendant in the ejectment action shall have the right to |
9 | recover such costs for maintenance, improvements, repairs, |
10 | renovations, taxes or other such expenses to benefit the real |
11 | property as the defendant can prove by a preponderance of the |
12 | evidence that were or should have been the responsibility of the |
13 | record owners, their heirs, successors and assigns. |
14 | Section 2. Section 5530(a)(1) of Title 42 is amended to |
15 | read: |
16 | § 5530. Twenty-one year limitation. |
17 | (a) General rule.--The following actions and proceedings |
18 | must be commenced within 21 years: |
19 | (1) [An] Except as provided in section 5527.1 (relating |
20 | to ten-year limitation), an action for the possession of real |
21 | property. |
22 | * * * |
23 | Section 3. This act shall take effect in one year. |
|