PRINTER'S NO.  1961

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1422

Session of

2012

  

  

INTRODUCED BY KASUNIC, FARNESE, FONTANA, GREENLEAF, McILHINNEY AND SOLOBAY, FEBRUARY 14, 2012

  

  

REFERRED TO JUDICIARY, FEBRUARY 14, 2012  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, abrogating the common law

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doctrines of adverse possession and easement by prescription;

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and making a related repeal.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 5530(a)(1) and (b) of Title 42 of the

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Pennsylvania Consolidated Statutes are amended to read:

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§ 5530.  Twenty-one year limitation.

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(a)  General rule.--The following actions and proceedings

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must be commenced within 21 years:

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[(1)  An action for the possession of real property.]

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* * *

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[(b)  Entry upon land.--No entry upon real property shall

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toll the running of the period of limitation specified in

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subsection (a)(1), unless a possessory action shall be commenced

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therefor within one year after entry. Such an entry and

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commencement of a possessory action, without recovery therein,

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shall not toll the running of such period of limitation in

 


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respect of another possessory action, unless such other

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possessory action is commenced within one year after the

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termination of the first.]

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Section 2.  Title 42 is amended by adding a section to read:

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§ 8320.1.  Adverse possession and prescriptive easements.

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A person may not, on the basis of a use which is open,

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notorious and uninterrupted for a time period specified by law,

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attain any of the following:

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(1)  Title to the real property of another person.

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(2)  The right to use the real property of another

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person.

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Section 3.  Repeals are as follows:

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(1)  The General Assembly declares that the repeal under

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paragraph (2) is necessary to effectuate the amendment or

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addition of 42 Pa.C.S. §§ 5530(a)(1) and (b) and 8320.1.

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(2)  The act of May 31, 1901 (P.L.352, No.217), entitled

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"An act to provide for the recording, in certain instances,

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of titles to real estate acquired by twenty-one years'

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adverse possession," is repealed.

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Section 4.  The addition of 42 Pa.C.S. § 8320.1 shall not

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apply to actions commenced prior to the effective date of this

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section.

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Section 5.  This act shall take effect in 60 days.

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