Legal Question in Civil Rights Law in Pennsylvania
squatters rights to property
my father-in-law took care of an elderly man 30 some years ago. before he passed the man told his family that my father-in-law was given permission to live in the house and use the 128 acres for his use throughout his life. now, 30 years later, after farming, raising livestock and running a construction business from the house and property, the current owners are trying to sell the property out from under him. he has not even paid any rent for the last 15 years (when he did, it was only $75). this is the first time in 30 years they have heard anything from the owners. does my father-in-law have any squatters rights to the property? can he be forced out with nothing? thank you
1 Answer from Attorneys
Re: squatters rights to property
Classic question- unfortunately it does not look like the facts are on your side.
To gain property by adverse possession (squatter's rights) the possession must be Actual, open & notorious, exclusive, hostile, continuous, and for the statutory period.
Your father in law's interest was not hostile to the actual owner's interest according to the facts you stated.
Your father in law seemed to believe he had a life estate in the land. However, life estates must be created in writing.
However, the facts in real life may actually be different then how they read in your question.
Litigating this matter may at the very least delay and prevent the ability of the owners to convey the land to someone else.
Please email me more details and I can advise you with greater accuracy.
Robert Weber, Esq.
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