Legal Question in Real Estate Law in Pennsylvania

Re: Adverse Possession

Mr. Traversa's advice to you is very sound.

If you consult a local estates [rather than real estate] lawyer, you should also ask about doing a Section 3546 Petition (under the PA Probate Estates and Fiduciary or PEF Code) to determine [or declare] title in you. This is a proceeding in Orphans Court when an estate has not been opened within a certain time after the date of death, or when an estate has been opened but not settled within 6 years after the executor or administrator was appointed. If you have been appointed as either of those, of course, you may not use this proceeding.

Re: Adverse Possession

You asked about gaining possession of a piece of property with questionable title.

Contact a local property attorney to help you clear this matter up properly. The first thing to do is to arrange to have the other parties quit claim their portions to you. Better even if you can have them acknowledge adverse possession. In actuality, you may not be able to prevail on adverse possession as you tacitly had permission. (I would suggest that the quit claims transfer their right in return for the consideration of your having maintained and paid taxes on the property.)

Rather you are building a case to claim the property that abuts yours. Once you have assembled the quit claims you can seek to gain the last piece. There are various strategies such as partition or suing for maintenance.

The trick will be making it more reasonable (read miserable) for the person to hold on to the property rather than let it go to you.

An adverse possession claim is possible but probably not a sure bet. Keep up maintenance, and taxes but make no improvements until the title is cleared. Do not let the property go to sheriff's sale.

Regards,

Roger