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Like most states, Pennsylvania statutes provide for adverse possession, which means that if you meet certain circumstances, you may take title to property that you did not buy after a certain number of years. Pennsylvania statutes state that you must wait for 21 years to file an adverse possession claim. However, under Title 42 §5527.1 provides a way to get possession after just 10 years.

Time Period

Title 42 §5530 states that you must wait for 21 years to file an adverse possession claim. However, you could file for adverse possession after 10 years as a quiet title action. It is much harder to claim adverse possession for the earlier time since filing a quiet title action notifies the owner of the property.

The Loophole

In some cases, a second trespasser can use the time of the first trespasser to get to the 21 years. The possession must be actual, and the trespasser must meet several requirements for the time to count.

Adverse Possession Requirements

A person might use a neighbor’s property for 21 years and make an adverse possession claim. In some cases, you could make an adverse possession claim based on the color of title.

Actual Possession

You must actively use the property by physically occupying it. For example, if your driveway encroaches your neighbor’s property by 30 feet for a few hundred yards, once 21 years have passed, you could file a claim for adverse possession.

Continuous Period

The time that you use the property must be continuous for the 21 years. However, if you sell your house after 10 years, and the buyer continues to use the driveway for another 11 years, the buyer might be able to file an adverse possession claim even though he only used the property for 11 years. His use “tacks on” to your use.

The Use Must Be Hostile

Your use of your neighbor’s property must be in conflict – it does not mean that you are hostile to each other. You cannot hide your use from your neighbor. If he sees you using the land and does not file the appropriate paperwork, such as giving you an easement for your driveway, you could file an adverse possession claim after 21 years.

Open and Notorious Use

You cannot hide the use of the property from the owner. If the owner sees you and does not tell you to get off, nor does he file an easement or other documentation that you have permission to use his property, you could file an adverse possession claim after 21 years.

Exclusive Possession

Your use must keep others from using the property. If someone else also trespasses, or the owner sometimes uses the same land, you might not be able to file an adverse possession claim. For example, if you put a driveway in, and the owner uses it to reach the far side of his property, you may not have a valid adverse possession claim.

Color of Title

If your title is invalid or you have other documents that say the land is yours, but it’s not, you may have an adverse possession claim.

If you believe you have a claim, or if you are buying a piece of property that you believe someone is trespassing on, discuss the issue with your real estate agent and contact a real estate attorney as soon as possible.