THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHEATLEY, BISHOP, DeLUCA, GEIST, JOHNSON, McGEEHAN, PAYTON, PRESTON, SIPTROTH, K. SMITH, J. TAYLOR, WAGNER AND YOUNGBLOOD, APRIL 22, 2009

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 22, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for the

period of limitation in the doctrine of adverse possession

under certain circumstances; and making related repeals.

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 a section to read:

§ 5527.1.  Ten-year limitation.

Notwithstanding the provisions of section 5530(a)(1)

(relating to twenty-one year limitation), an action for the

possession of real property on which there is an occupied single

family dwelling on a lot of one acre or less where the

unimproved land is incidental to the residence must be commenced

within ten years. If the person in actual possession of the real

property possesses the property under claim and color of title

made in good faith and shall have been in continuous possession

for three successive years, the action must be commenced within

three years. If the person in actual possession of the real

property shall have been in continuous possession for seven

successive years and shall have paid all taxes legally assessed

on the real property during that time, the action must be

commenced within seven years.

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

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

instances, of titles to real estate acquired by twenty-one

years' adverse possession," is repealed insofar as it is

inconsistent with this act.

(b)  All other acts and parts of acts are repealed insofar as

they are inconsistent with this act.

Section 4.  This act shall not affect the title to real

property which is the subject of an action commenced prior to

the effective date of this section.

Section 5.  This act shall take effect in one year.