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| PRIOR PRINTER'S NOS. 1582, 3690, 3851 | PRINTER'S NO. 4057 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHEATLEY, BISHOP, DeLUCA, GEIST, JOHNSON, McGEEHAN, PAYTON, PRESTON, SIPTROTH, K. SMITH, J. TAYLOR, WAGNER, YOUNGBLOOD AND MURT, APRIL 22, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 30, 2010 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for the |
3 | period of limitation relating to claims of adverse possession |
4 | under certain circumstances; and providing for uniform |
5 | notice, FOR mesne profits and for reimbursement. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 42 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding sections to read: |
10 | § 5527.1. Ten-year limitation. |
11 | (a) Adverse possession.--Title to real property may be |
12 | acquired after no less than ten years of actual, continuous, |
13 | exclusive, visible, notorious, distinct and hostile possession |
14 | of the real property. |
15 | (b) Contiguous lots.-- |
16 | (1) Where an additional lot abuts and is contiguous to |
17 | real property and has been regularly used as part of an |
18 | incident to the real property, a possessor who seeks to |
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1 | acquire title to real property pursuant to this section may |
2 | also include the contiguous lot in the action to quiet title |
3 | under subsection (c). |
4 | (2) In order to acquire title to the contiguous lot, the |
5 | possessor must show that: |
6 | (i) The area of the contiguous lot as described by |
7 | the metes and bounds does not exceed a total area of one | <-- |
8 | one-half acre when combined with the real property. | <-- |
9 | (ii) The possessor has made actual, continuous, |
10 | exclusive, visible, notorious, distinct and hostile |
11 | possession of the contiguous lot for a period of not less |
12 | than ten years. |
13 | (c) Quiet title action required.-- |
14 | (1) A possessor who seeks to acquire title to real |
15 | property pursuant to this section must, after meeting the |
16 | requirements of subsections (a) and (b), commence a quiet |
17 | title action and provide notice as required in this section. |
18 | (2) Notice of the action shall include information |
19 | relating to the respondent's opportunity to cure as specified |
20 | in subsection (d) and shall be provided to the record owners, |
21 | their heirs, successors and assigns in the manner described | <-- |
22 | in this section, section 5527.2 (relating to uniform notice) |
23 | and the Pennsylvania Rules of Civil Procedure. |
24 | (3) Notice shall be provided in a form approved by rule | <-- |
25 | of the Pennsylvania Supreme Court, which form shall include |
26 | the metes and bounds description, deed reference, street |
27 | address, postal zip code, uniform parcel identifier or tax |
28 | parcel number and the notices of the one-year period to cure |
29 | as stated in subsection (d). |
30 | (d) One-year notice.-- |
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1 | (1) The record owners or their heirs, successors and |
2 | assigns shall have one year in which to respond by commencing |
3 | an action in ejectment against the possessor, which action |
4 | disputes the claim of adverse possession. |
5 | (2) If an action in ejectment is so filed and served |
6 | within the one-year period and judgment is awarded to the |
7 | plaintiff in the ejectment action, the statute of limitations |
8 | is tolled. |
9 | (3) If no action in ejectment is so filed and served |
10 | within the one-year period, then judgment may be entered by |
11 | the court granting title to the real property by adverse |
12 | possession pursuant to this section and the Pennsylvania |
13 | Rules of Civil Procedure. |
14 | (4) A judgment granting title by adverse possession | <-- |
15 | pursuant to this section shall not, in and of itself: |
16 | (i) discharge, terminate or give rise to a |
17 | presumption of satisfaction or release of any interest in |
18 | the property that runs with title to the property, |
19 | including, but not limited to, easements, profits, |
20 | covenants, mortgages, liens, judgments and leases; or |
21 | (ii) otherwise extend or limit the period of time in |
22 | which claims relating to the property may be asserted |
23 | against a possessor granted title by a judgment of |
24 | adverse possession. |
25 | (e) Nonapplicability.--This section shall not apply to real |
26 | property that is part of a common interest ownership community |
27 | established under 68 Pa.C.S. Pt. II Subpts. B (relating to |
28 | condominiums), C (relating to cooperatives) and D (relating to |
29 | planned communities). |
30 | (f) Definition.--As used in this section, "real property" |
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1 | means real estate not exceeding one one-half acre in area that | <-- |
2 | is: |
3 | (1) Improved by a single-family residential dwelling |
4 | that is and has been occupied by a person seeking title under |
5 | this section for the full ten years. |
6 | (2) Identified as a separate lot in a recorded |
7 | conveyance, recorded subdivision plan or recorded official |
8 | map or plan of a municipality. |
9 | § 5527.2 Uniform notice. | <-- |
10 | Notice shall be provided in a form approved by rule of the |
11 | Pennsylvania Supreme Court, which form shall include the metes |
12 | and bounds description, deed reference, street address, postal |
13 | zip code, uniform parcel identifier or tax parcel number and the |
14 | notice of the one-year period to cure as stated in section |
15 | 5527.1(d) (relating to ten-year limitation). |
16 | § 5527.3 5527.2. Mesne profits. | <-- |
17 | Record owners, their heirs, successors and assigns shall have |
18 | the right to seek any mesne profits in an action in ejectment |
19 | filed in response to the notice served under section 5527.1 |
20 | (relating to ten-year limitation) or waive the right to such |
21 | recovery. Recovery shall be limited to the mesne profits |
22 | applicable to the six-year period ending with the commencement |
23 | of the action in ejectment pursuant to section 5527(b) (relating |
24 | to six year limitation). |
25 | § 5527.4 5527.3. Reimbursement. | <-- |
26 | The defendant in the ejectment action pursuant to section | <-- |
27 | 5527.1 (relating to ten-year limitation) shall have the right to |
28 | recover such costs for maintenance, improvements, repairs, |
29 | renovations, taxes or other such expenses to benefit the real |
30 | property as the defendant can prove by a preponderance of the |
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1 | evidence that were or should have been the responsibility of the |
2 | record owners, their heirs, successors and assigns. |
3 | Section 2. Section 5530(a)(1) of Title 42 is amended to |
4 | read: |
5 | § 5530. Twenty-one year limitation. |
6 | (a) General rule.--The following actions and proceedings |
7 | must be commenced within 21 years: |
8 | (1) [An] Except as provided in section 5527.1 (relating |
9 | to ten-year limitation), an action for the possession of real |
10 | property. |
11 | * * * |
12 | Section 3. This act shall take effect in one year. |
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