1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in limitation of time,
3further providing for the period of limitation relating to
4claims of adverse possession under certain circumstances; and
5providing for uniform notice, for mesne profits and for
6reimbursement.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Title 42 of the Pennsylvania Consolidated
10Statutes is amended by adding sections to read:

11§ 5527.1. Ten-year limitation.

12(a) Adverse possession.--Title to real property may be
13acquired after no less than ten years of actual, continuous,
14exclusive, visible, notorious, distinct and hostile possession
15of the real property.

16(b) Contiguous lots.--

17(1) Where an additional lot abuts and is contiguous to 
18real property and has been regularly used as part of and
 

1incident to the real property, a possessor who seeks to 
2acquire title to real property pursuant to this section may 
3also include the contiguous lot in the action to quiet title 
4under subsection (c).

5(2) In order to acquire title to the contiguous lot, the
6possessor must show that:

7(i) The area of the contiguous lot as described by 
8the metes and bounds does not exceed a total area of 
9one-half acre when combined with the real property.

10(ii) The possessor has made actual, continuous,
11exclusive, visible, notorious, distinct and hostile
12possession of the contiguous lot for a period of not less
13than ten years.

14(c) Quiet title action required.--

15(1) A possessor who seeks to acquire title to real
16property pursuant to this section must, after meeting the
17requirements of subsections (a) and (b), commence a quiet
18title action and provide notice as required in this section.

19(2) Notice of the action shall include information 
20relating to the respondent's opportunity to cure as specified 
21in subsection (d) and shall be provided to the record owners, 
22their heirs, successors and assigns.

23(3) Notice shall be provided in a form approved by rule
24of the Pennsylvania Supreme Court, which form shall include
25the metes and bounds description, deed reference, street
26address, postal zip code, uniform parcel identifier or tax
27parcel number and the notices of the one-year period to cure
28as stated in subsection (d).

29(d) One-year notice.--

30(1) The record owners or their heirs, successors and

1assigns shall have one year in which to respond by commencing
2an action in ejectment against the possessor, which action
3disputes the claim of adverse possession.

4(2) (i) If an action in ejectment is so filed and 
5served in accordance with the requirements of this 
6section and the verdict and judgment in the ejectment 
7action are rendered in favor of the record owners, or 
8their heirs, successors and assigns, then both the ten-
9year statute of limitations set forth in this section and 
10the 21-year statute of limitations set forth in section 
115530 (relating to twenty-one year limitation) are tolled, 
12and the court shall render a judgment in favor of the 
13record owners, or their heirs, successors and assigns, 
14disposing of the quiet title action.

15(ii) The period for running the statute of
16limitations for any subsequent claim seeking title by
17adverse possession under this section or section 5530
18shall commence at a date not earlier than the date of the
19judgment granting the relief requested in the ejectment
20action.

21(3) If no action in ejectment is so filed and served
22within the one-year period, then judgment may be entered by
23the court granting title to the real property by adverse
24possession pursuant to this section and the Pennsylvania
25Rules of Civil Procedure.

26(4) A judgment granting title by adverse possession
27pursuant to this section shall not, in and of itself:

28(i) discharge, terminate or give rise to a
29presumption of satisfaction or release of any interest in
30the property that runs with title to the property,

1including, but not limited to, easements, profits,
2covenants, mortgages, liens, judgments and leases; or

3(ii) otherwise extend or limit the period of time in
4which claims relating to the property may be asserted
5against a possessor granted title by a judgment of
6adverse possession.

7(e) Nonapplicability.--This section shall not apply to real
8property that is part of a common interest ownership community
9established under 68 Pa.C.S. Pt. II Subpts. B (relating to
10condominiums), C (relating to cooperatives) and D (relating to
11planned communities).

12(f) Definition.--As used in this section, "real property" 
13means real estate not exceeding one-half acre in area that is:

14(1) Improved by a single-family dwelling that is and has 
15been occupied by a possessor seeking title under this section 
16for the full ten years.

17(2) Identified as a separate lot in a recorded
18conveyance, recorded subdivision plan or recorded official
19map or plan of a municipality.

20§ 5527.2. Mesne profits.

21(a) General rule.--Record owners, their heirs, successors
22and assigns shall have the right to seek any mesne profits in an
23action in ejectment filed in response to the notice served under
24section 5527.1 (relating to ten-year limitation) or waive the
25right to such recovery.

26(b) Limitation on recovery.--Recovery shall be limited to
27the mesne profits applicable to the six-year period ending with
28the commencement of the action in ejectment pursuant to section
295527(b) (relating to six year limitation).

30§ 5527.3. Reimbursement.

1The defendant in the ejectment action pursuant to section
25527.1 (relating to ten-year limitation) shall have the right to
3recover such costs for maintenance, improvements, repairs,
4renovations, taxes or other such expenses to benefit the real
5property as the defendant can prove by a preponderance of the
6evidence that were or should have been the responsibility of the
7record owners, their heirs, successors and assigns.

8Section 2. Section 5530(a)(1) of Title 42 is amended to
9read:

10§ 5530. Twenty-one year limitation.

11(a) General rule.--The following actions and proceedings
12must be commenced within 21 years:

13(1) [An] Except as provided in section 5527.1 (relating 
14to ten-year limitation), an action for the possession of real
15property.

16* * *

17Section 3. This act shall take effect in one year.