| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1582, 3690, 3851, 4057 | PRINTER'S NO. 4373 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHEATLEY, BISHOP, DeLUCA, GEIST, JOHNSON, McGEEHAN, PAYTON, PRESTON, SIPTROTH, K. SMITH, J. TAYLOR, WAGNER, YOUNGBLOOD, MURT AND HELM, APRIL 22, 2009 |
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| SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, SEPTEMBER 28, 2010 |
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| AN ACT |
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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 and | <-- |
18 | incident to the real property, a possessor who seeks to |
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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 |
8 | one-half 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. |
22 | (3) Notice shall be provided in a form approved by rule |
23 | of the Pennsylvania Supreme Court, which form shall include |
24 | the metes and bounds description, deed reference, street |
25 | address, postal zip code, uniform parcel identifier or tax |
26 | parcel number and the notices of the one-year period to cure |
27 | as stated in subsection (d). |
28 | (d) One-year notice.-- |
29 | (1) The record owners or their heirs, successors and |
30 | assigns shall have one year in which to respond by commencing |
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1 | an action in ejectment against the possessor, which action |
2 | disputes the claim of adverse possession. |
3 | (2) If an action in ejectment is so filed and served |
4 | within the one-year period and judgment is awarded to the | <-- |
5 | plaintiff in the ejectment action, the statute of limitations |
6 | is tolled. in accordance with the requirements of this | <-- |
7 | section and the verdict and judgment in the ejectment action |
8 | are rendered in favor of the record owners, or their heirs, |
9 | successors and assigns, then both the ten-year statute of |
10 | limitations set forth in this section and the 21-year statute |
11 | of limitations set forth in section 5530 (relating to twenty- |
12 | one year limitation) are tolled, and the court shall render a |
13 | judgment in favor of the record owners, or their heirs, |
14 | successors and assigns, disposing of the quiet title action. |
15 | The period for running the statute of limitations for any |
16 | subsequent claim seeking title by adverse possession under |
17 | this section or section 5530 shall commence at a date not |
18 | earlier than the date of the judgment granting the relief |
19 | requested in the ejectment action. |
20 | (3) If no action in ejectment is so filed and served |
21 | within the one-year period, then judgment may be entered by |
22 | the court granting title to the real property by adverse |
23 | possession pursuant to this section and the Pennsylvania |
24 | Rules of Civil Procedure. |
25 | (4) A judgment granting title by adverse possession |
26 | pursuant to this section shall not, in and of itself: |
27 | (i) discharge, terminate or give rise to a |
28 | presumption of satisfaction or release of any interest in |
29 | the property that runs with title to the property, |
30 | including, but not limited to, easements, profits, |
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1 | covenants, mortgages, liens, judgments and leases; or |
2 | (ii) otherwise extend or limit the period of time in |
3 | which claims relating to the property may be asserted |
4 | against a possessor granted title by a judgment of |
5 | adverse possession. |
6 | (e) Nonapplicability.--This section shall not apply to real |
7 | property that is part of a common interest ownership community |
8 | established under 68 Pa.C.S. Pt. II Subpts. B (relating to |
9 | condominiums), C (relating to cooperatives) and D (relating to |
10 | planned communities). |
11 | (f) Definition.--As used in this section, "real property" |
12 | means real estate not exceeding one-half acre in area that is: |
13 | (1) Improved by a single-family residential dwelling |
14 | that is and has been occupied by a person seeking title under |
15 | this section for the full ten years. |
16 | (2) Identified as a separate lot in a recorded |
17 | conveyance, recorded subdivision plan or recorded official |
18 | map or plan of a municipality. |
19 | § 5527.2. Mesne profits. |
20 | Record owners, their heirs, successors and assigns shall have |
21 | the right to seek any mesne profits in an action in ejectment |
22 | filed in response to the notice served under section 5527.1 |
23 | (relating to ten-year limitation) or waive the right to such |
24 | recovery. Recovery shall be limited to the mesne profits |
25 | applicable to the six-year period ending with the commencement |
26 | of the action in ejectment pursuant to section 5527(b) (relating |
27 | to six year limitation). |
28 | § 5527.3. Reimbursement. |
29 | The defendant in the ejectment action pursuant to section |
30 | 5527.1 (relating to ten-year limitation) shall have the right to |
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1 | recover such costs for maintenance, improvements, repairs, |
2 | renovations, taxes or other such expenses to benefit the real |
3 | property as the defendant can prove by a preponderance of the |
4 | evidence that were or should have been the responsibility of the |
5 | record owners, their heirs, successors and assigns. |
6 | Section 2. Section 5530(a)(1) of Title 42 is amended to |
7 | read: |
8 | § 5530. Twenty-one year limitation. |
9 | (a) General rule.--The following actions and proceedings |
10 | must be commenced within 21 years: |
11 | (1) [An] Except as provided in section 5527.1 (relating |
12 | to ten-year limitation), an action for the possession of real |
13 | property. |
14 | * * * |
15 | Section 3. This act shall take effect in one year. |
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