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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | September 18, 2013 01:53 PM |
|---|---|
| From: | Representative Kurt A. Masser |
| To: | All House members |
| Subject: | Adverse Possession |
| Throughout the Commonwealth, individuals and families live in homes to which no one has clear title. It could be a tenancy where the landlord has disappeared or died, or an inheritance that never went through the legal process. Sometimes, the occupants pay the property taxes, while in other cases they are not allowed to enter into repayment agreements with the taxing jurisdiction because they do not have clear title to the property. In such situations, the residents cannot qualify for home improvement loans or municipal grant programs due to the "tangled title." I will introduce legislation that amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes by reducing the standard period for bringing an action for the acquisition of title through adverse possession under certain circumstances. Through adverse possession, a property that has been abandoned by the owner of record can be re-titled in the name of another who has a long-standing relationship to that property. Under my legislation, a person can obtain clear title to a property under adverse possession in 10 years instead of 21 years (as current law provides) for a property that is less than one-half (1/2) acre in size and that contains a single-family home. The claimant must also meet all of the underlining requirements of adverse possession under current Pennsylvania law. This bill has been worked on and received significant support in previous sessions. Last session, it was poised for a Senate vote at sine die. Proponents of the bill included the Housing Alliance of Pennsylvania and the Pennsylvania BAR Association, both of which were instrumental in its drafting. No organizations expressed opposition to the bill. This legislation will help to reduce the number of blighted and/or abandoned properties in Pennsylvania and to fight the blight that threatens the viability of so many of our communities. If you would like to co-sponsor this legislation, please contact Cindy Abbott at 0-6134 or cabbott@pahousegop.com |
Introduced as HB1808