(a) Adverse possession.--Title to real property may be acquired after no less than 10 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 years.
(c) Quiet title action required.--
(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 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 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 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 under this section and the Pennsylvania Rules of Civil Procedure.
(4) A judgment granting title by adverse possession under 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;
(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) supersede 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 a 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.--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).
(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, C or D; 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 under 20 Pa.C.S. ยง 3546 (relating to determination of title to decedent's 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 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.
(June 19, 2018, P.L.223, No.34, eff. one year)
2018 Amendment. Act 34 added section 5527.1.
Cross References. Section 5527.1 is referred to in sections 5527.2, 5527.3, 5530 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 55 - Limitation of Time
Section 5501 - Scope of chapter
Section 5502 - Method of computing periods of limitation generally
Section 5503 - Commencement of matters
Section 5504 - Judicial extension of time
Section 5505 - Modification of orders
Section 5521 - Limitations on foreign claims
Section 5522 - Six months limitation
Section 5523 - One year limitation
Section 5524 - Two year limitation
Section 5524.1 - Limitation and application for asbestos claims (Unconstitutional)
Section 5525 - Four year limitation
Section 5526 - Five year limitation
Section 5527 - Six year limitation
Section 5527.1 - Ten year limitation
Section 5527.2 - Mesne profits
Section 5527.3 - Reimbursement
Section 5528 - Fifteen year limitation
Section 5529 - Twenty year limitation
Section 5530 - Twenty-one year limitation
Section 5532 - Absence or concealment
Section 5533 - Infancy, insanity or imprisonment
Section 5535 - Effect of other actions and proceedings
Section 5536 - Construction projects
Section 5538 - Landscape architecture
Section 5539 - Real estate appraisals
Section 5551 - No limitation applicable
Section 5553 - Summary offenses involving vehicles
Section 5554 - Tolling of statute
Section 5571 - Appeals generally
Section 5571.1 - Appeals from ordinances, resolutions, maps, etc
Section 5572 - Time of entry of order
Section 5573 - Effect of application for rehearing
Section 5574 - Effect of application for amendment to qualify for interlocutory appeal