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
 

1real property and has been regularly used as part of and 
2incident to the real property, a possessor who seeks to 
3acquire title to real property pursuant to this section may 
4also include the contiguous lot in the action to quiet title 
5under subsection (c).

6(2) In order to acquire title to the contiguous lot, the
7possessor must show that:

8(i) The area of the contiguous lot as described by 
9the metes and bounds does not exceed a total area of 
10one-half acre when combined with the real property.

11(ii) The possessor has made actual, continuous,
12exclusive, visible, notorious, distinct and hostile
13possession of the contiguous lot for a period of not less
14than ten years.

15(c) Quiet title action required.--

16(1) A possessor who seeks to acquire title to real
17property pursuant to this section must, after meeting the
18requirements of subsections (a) and (b), commence a quiet
19title action and provide notice as required in this section.

20(2) Notice of the action shall include information 
21relating to the respondent's opportunity to cure as specified 
22in subsection (d) and shall be provided to the record owners, 
23their heirs, successors and assigns.

24(3) Notice shall be provided in a form approved by rule
25of the Pennsylvania Supreme Court, which form shall include
26the metes and bounds description, deed reference, street
27address, postal zip code, uniform parcel identifier or tax
28parcel number and the notices of the one-year period to cure
29as stated in subsection (d).

30(d) One-year notice.--

1(1) The record owners or their heirs, successors and
2assigns shall have one year in which to respond by commencing
3an action in ejectment against the possessor, which action
4disputes the claim of adverse possession.

5(2) (i) If an action in ejectment is so filed and 
6served in accordance with the requirements of this 
7section and the verdict and judgment in the ejectment 
8action are rendered in favor of the record owners, or 
9their heirs, successors and assigns, then both the ten-
10year statute of limitations set forth in this section and 
11the 21-year statute of limitations set forth in section 
125530 (relating to twenty-one year limitation) are tolled, 
13and the court shall render a judgment in favor of the 
14record owners, or their heirs, successors and assigns, 
15disposing of the quiet title action.

16(ii) The period for running the statute of
17limitations for any subsequent claim seeking title by
18adverse possession under this section or section 5530
19shall commence at a date not earlier than the date of the
20judgment granting the relief requested in the ejectment
21action.

22(3) If no action in ejectment is so filed and served
23within the one-year period, then judgment may be entered by
24the court granting title to the real property by adverse
25possession pursuant to this section and the Pennsylvania
26Rules of Civil Procedure.

27(4) A judgment granting title by adverse possession
28pursuant to this section shall not, in and of itself:

29(i) discharge, terminate or give rise to a
30presumption of satisfaction or release of any interest in

1the property that runs with title to the property,
2including, but not limited to, easements, profits,
3covenants, mortgages, liens, judgments and leases; or

4(ii) otherwise extend or limit the period of time in
5which claims relating to the property may be asserted
6against a possessor granted title by a judgment of
7adverse possession.

<-8(e) Nonapplicability.--This section shall not apply to real

<-9(e) Limitations.--

10(1) This section shall not apply to real property that
11is part of a common interest ownership community established
12under 68 Pa.C.S. Pt. II Subpts. B (relating to condominiums),
13C (relating to cooperatives) and D (relating to planned
14communities).

<-15(2) Relief may be granted under this section only if the
16relief is consistent with the existing zoning plan and with
17any duly adopted land use ordinance or other provision.

18(f) Definition.--As used in this section, "real property" 
19means real estate not exceeding one-half acre in area that is:

20(1) Improved by a single-family dwelling that is and has 
21been occupied by a possessor seeking title under this section 
22for the full ten years.

23(2) Identified as a separate lot in a recorded
24conveyance, recorded subdivision plan or recorded official
25map or plan of a municipality.

26§ 5527.2. Mesne profits.

27(a) General rule.--Record owners, their heirs, successors
28and assigns shall have the right to seek any mesne profits in an
29action in ejectment filed in response to the notice served under
30section 5527.1 (relating to ten-year limitation) or waive the

1right to such recovery.

2(b) Limitation on recovery.--Recovery shall be limited to
3the mesne profits applicable to the six-year period ending with
4the commencement of the action in ejectment pursuant to section
55527(b) (relating to six year limitation).

6§ 5527.3. Reimbursement.

7The defendant in the ejectment action pursuant to section
85527.1 (relating to ten-year limitation) shall have the right to
9recover such costs for maintenance, improvements, repairs,
10renovations, taxes or other such expenses to benefit the real
11property as the defendant can prove by a preponderance of the
12evidence that were or should have been the responsibility of the
13record owners, their heirs, successors and assigns.

14Section 2. Section 5530(a)(1) of Title 42 is amended to
15read:

16§ 5530. Twenty-one year limitation.

17(a) General rule.--The following actions and proceedings
18must be commenced within 21 years:

19(1) [An] Except as provided in section 5527.1 (relating 
20to ten-year limitation), an action for the possession of real
21property.

22* * *

23Section 3. This act shall take effect in one year.