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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KASUNIC, FARNESE, FONTANA, GREENLEAF, McILHINNEY AND SOLOBAY, FEBRUARY 14, 2012 |
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| REFERRED TO JUDICIARY, FEBRUARY 14, 2012 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, abrogating the common law |
3 | doctrines of adverse possession and easement by prescription; |
4 | and making a related repeal. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 5530(a)(1) and (b) of Title 42 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 5530. Twenty-one year limitation. |
10 | (a) General rule.--The following actions and proceedings |
11 | must be commenced within 21 years: |
12 | [(1) An action for the possession of real property.] |
13 | * * * |
14 | [(b) Entry upon land.--No entry upon real property shall |
15 | toll the running of the period of limitation specified in |
16 | subsection (a)(1), unless a possessory action shall be commenced |
17 | therefor within one year after entry. Such an entry and |
18 | commencement of a possessory action, without recovery therein, |
19 | shall not toll the running of such period of limitation in |
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1 | respect of another possessory action, unless such other |
2 | possessory action is commenced within one year after the |
3 | termination of the first.] |
4 | Section 2. Title 42 is amended by adding a section to read: |
5 | § 8320.1. Adverse possession and prescriptive easements. |
6 | A person may not, on the basis of a use which is open, |
7 | notorious and uninterrupted for a time period specified by law, |
8 | attain any of the following: |
9 | (1) Title to the real property of another person. |
10 | (2) The right to use the real property of another |
11 | person. |
12 | Section 3. Repeals are as follows: |
13 | (1) The General Assembly declares that the repeal under |
14 | paragraph (2) is necessary to effectuate the amendment or |
15 | addition of 42 Pa.C.S. §§ 5530(a)(1) and (b) and 8320.1. |
16 | (2) The act of May 31, 1901 (P.L.352, No.217), entitled |
17 | "An act to provide for the recording, in certain instances, |
18 | of titles to real estate acquired by twenty-one years' |
19 | adverse possession," is repealed. |
20 | Section 4. The addition of 42 Pa.C.S. § 8320.1 shall not |
21 | apply to actions commenced prior to the effective date of this |
22 | section. |
23 | Section 5. This act shall take effect in 60 days. |
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