Trial Engrossment of Amendment A01635 to House Bill 773 P.N. 1563, Regular Session 2015-2016

A01635

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

773

Session of

2015

INTRODUCED BY MASSER, COHEN, HELM, KORTZ, JAMES, MILLARD,

GODSHALL, HEFFLEY, SCHLOSSBERG, LAWRENCE, FLYNN, BROWNLEE,

HARHAI, GOODMAN, ROSS, STAATS, DEASY, MURT AND CALTAGIRONE,

MARCH 10, 2015

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 13, 2015

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in limitation of time,

providing for ten-year limitation and for mesne profits and

further providing for twenty-one year limitation and

providing for adverse possession, for mesne profits and for

reimbursement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding sections to read:

§ 5527.1. Ten-year limitation.

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

Pennsylvania Consolidated Statutes is amended to read:

§ 5530. Twenty-one year limitation.

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

must be commenced within 21 years:

(1) [An] Except as provided in section 5539 (relating to

adverse possession), an action for the possession of real

property.

* * *

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

§ 5539. Adverse possession.

(a) Adverse possession General rule .--Title to real property

may be acquired after no less than 10 five years of actual,

continuous, exclusive, visible, notorious, distinct and hostile

possession of the real property.

(b) Contiguous lots.--

(1) Where an additional lot abuts and is contiguous to

real property and has been regularly used as part of and

incident to the real property, a possessor who seeks to

acquire title to real property under this section may also

include the contiguous lot in the action to quiet title under

subsection (c).

(2) In order to acquire title to the contiguous lot, the

possessor must show that:

(i) The area of the contiguous lot as described by

the metes and bounds does not exceed a total area of

one-half acre when combined with the real property.

(ii) The possessor has made actual, continuous,

exclusive, visible, notorious, distinct and hostile

possession of the contiguous lot for a period of not less

than 10 five years.

(1) A possessor who seeks to acquire title to real

property under this section must, after meeting the

requirements of subsections (a) and (b), commence a quiet

title action and provide notice as required in this section.

(2) Notice of the action shall include information

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relating to the respondent's opportunity to cure as specified

in subsection (d) and shall be provided to the record owners,

their heirs, successors and assigns .

(3) Notice shall be provided in a form approved by rule

of the Pennsylvania Supreme Court, which form shall include

the metes and bounds description, deed reference, street

address, postal zip code, uniform parcel identifier or tax

parcel number and the notices of the one-year period to cure

as stated in subsection (d).

(d) One-year notice.--

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

assigns shall have one year in which to respond by commencing

an action in ejectment against the possessor, which action

disputes the claim of adverse possession.

(2) (i) If an action in ejectment is so filed and

served in accordance with the requirements of this

section and the verdict and judgment in the ejectment

action are rendered in favor of the record owners, or

their heirs, successors and assigns, then both the 10-

year five-year statute of limitations set forth in this

section and the 21-year statute of limitations set forth

in section 5530 (relating to twenty-one year limitation)

are tolled, and the court shall render a judgment in

favor of the record owners, or their heirs, successors

and assigns, disposing of the quiet title action.

(ii) The period for running the statute of

limitations for any subsequent claim seeking title by

adverse possession under this section or section 5530

shall commence at a date not earlier than the date of the

judgment granting the relief requested in the ejectment

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action.

(3) If no action in ejectment is so filed and served

within the one-year period, then judgment may be entered by

the court granting title to the real property by adverse

possession pursuant to this section and the Pennsylvania

Rules of Civil Procedure.

(4) A judgment granting title by adverse possession

pursuant to this section shall not, in and of itself:

(i) discharge, terminate or give rise to a

presumption of satisfaction or release of any interest in

the property that runs with title to the property,

including, but not limited to, easements, profits,

covenants, mortgages, liens, judgments and leases; or

(ii) otherwise extend or limit the period of time in

which claims relating to the property may be asserted

against a possessor granted title by a judgment of

adverse possession . ; OR

(III) SUPERCEDE ANY APPLICABLE PROVISION OF LAW,

INCLUDING, BUT NOT LIMITED TO, THE ACT OF JULY 31, 1968

(P.L.805, NO.247), KNOWN AS THE PENNSYLVANIA

MUNICIPALITIES PLANNING CODE, OR ZONING CODE OF A CITY OF

THE FIRST CLASS OR CITY OF THE SECOND CLASS AS THE CASE

MAY BE, AND ANY SUBDIVISION OR LAND USE ORDINANCE, TO THE

EXTENT APPLICABLE, THEN IN EFFECT IN THE JURISDICTION

WHERE THE SUBJECT PROPERTY IS LOCATED. NOTHING CONTAINED

IN THIS SECTION SHALL LIMIT THE OTHERWISE APPLICABLE

JURISDICTION OF ANY ZONING OFFICER, ZONING HEARING BOARD,

ZONING BOARD OF ADJUSTMENT OR GOVERNING BODY WITH RESPECT

TO THE SUBJECT PROPERTY.

(e) Limitations.--

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(1) This section shall not apply to real property that

(E) LIMITATIONS.--THIS SECTION SHALL NOT APPLY TO REAL

PROPERTY THAT is part of a common interest ownership community

established under 68 Pa.C.S. Pt. II Subpts. B (relating to

condominiums), C (relating to cooperatives) and D (relating to

planned communities).

(2) Relief may be granted under this section only if the

relief is consistent with the existing zoning plan and with

any duly adopted land use ordinance or other provision.

(f) Definition.--As used in this section, "real property"

means real estate not exceeding one-half acre in area that is:

(F) NONAPPLICABILITY.--THIS SECTION SHALL NOT APPLY TO REAL

PROPERTY THAT IS:

(1) PART OF A COMMON INTEREST OWNERSHIP COMMUNITY

ESTABLISHED UNDER 68 PA.C.S. PT. II SUBPT. B (RELATING TO

CONDOMINIUMS), C (RELATING TO COOPERATIVES) OR D (RELATING TO

PLANNED COMMUNITIES); OR

(2) OWNED BY THE UNITED STATES, THE COMMONWEALTH, A

LOCAL GOVERNMENT, OR ANY AGENCY, AUTHORITY OR OTHER UNIT OF

THE UNITED STATES, THE COMMONWEALTH, OR LOCAL GOVERNMENT,

INCLUDING, BUT NOT LIMITED TO, A REDEVELOPMENT AUTHORITY,

MUNICIPAL AUTHORITY AND SCHOOL DISTRICT, OR JOINT AGENCY OR

AUTHORITY OF THE UNITED STATES, THE COMMONWEALTH, OR LOCAL

GOVERNMENT UNIT.

(G) NONEXCLUSIVE REMEDY.--THE RELIEF AVAILABLE UNDER THIS

SECTION IS INTENDED TO BE CUMULATIVE AND NOT EXCLUSIVE OF ANY

OTHER RIGHTS OR REMEDIES THAT MAY BE AVAILABLE UNDER LAW OR

EQUITY, INCLUDING, BUT NOT LIMITED TO, THE DETERMINATION OF

TITLE TO A DECEDENT'S INTEREST IN REAL ESTATE PURSUANT TO 20

PA.C.S. § 3546 (RELATING TO DETERMINATION OF TITLE TO DECEDENT'S

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INTEREST IN REAL ESTATE).

(H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"REAL PROPERTY." REAL ESTATE NOT EXCEEDING ONE-HALF ACRE IN

AREA THAT IS:

(1) Improved by a single-family dwelling that is and has

been occupied by a possessor seeking title under this section

for the full 10 five years.

(2) Identified as a separate lot in a recorded

conveyance, recorded subdivision plan or recorded official

map or plan of a municipality.

"SINGLE-FAMILY DWELLING." A RESIDENCE DESIGNED FOR OCCUPANCY

BY ONE HOUSEHOLD, WHETHER DETACHED FROM OR ATTACHED TO OTHER

STRUCTURES.

§ 5527.2 5540 . Mesne profits.

(a) General rule.--Record owners, their heirs, successors

and assigns shall have the right to seek any mesne profits in an

action in ejectment filed in response to the notice served under

section 5527.1 5539 (relating to ten-year limitation adverse

possession ) or waive the right to such recovery.

(b) Limitation on recovery.--Recovery shall be limited to

the mesne profits applicable to the six-year period ending with

the commencement of the action in ejectment under section

5527(b) (relating to six year limitation).

§ 5527.3 5541 . Reimbursement.

The defendant in the ejectment action under section 5527.1

5539 (relating to ten-year limitation adverse possession ) shall

have the right to recover such costs for maintenance,

improvements, repairs, renovations, taxes or other such expenses

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to benefit the real property as the defendant can prove by a

preponderance of the evidence that were or should have been the

responsibility of the record owners, their heirs, successors and

assigns.

Section 2. Section 5530(a)(1) of Title 42 is amended to

read:

§ 5530. Twenty-one year limitation.

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

must be commenced within 21 years:

(1) [An] Except as provided in section 5527.1 (relating

to ten-year limitation), an action for the possession of real

property.

* * *

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

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