Legal Question in Real Estate Law in Pennsylvania

adverse possession

Having purchased a property 17 years ago, we suddenly learn that our deed is fraught with problems, including boundary issues (our deed description is ambiguous, so our property is ''floating'') and possibly unclear title. The association that we purchased the subdivision from has been applying subtle pressure for us to move, prompting our discovery.

I suspect that we were sold the property so that we would restore it (it was a mess) and that the association is now attempting to get either part of the land, all of the land, or everything back at a bargain basement price. There is clearly political assistance, as the tax records are all screwed up. We have contacted the tax people to straighten them out, but I have doubts that this will happen. The association is in the midst of a survey of our property line under the guise of establishing encroachments (our wood pile sticks into their property about 5 feet). What should we do?


Asked on 2/12/04, 10:40 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: adverse possession

I urge you to consult an attorney. The issues you raise are to complicated for a simple answer. If you can attach 21 years (you and prior owners) of continued use of the real estate, you may claim ownership of the property by adverse possession. You can file an action to quiet title of the property that will clarify the matter. The matter has to be investigated. Legal counsel is the best advice that one can obtain under the circumstances you describe. Gerald Hershenson Esq.215-579-9390

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Answered on 2/13/04, 9:10 am


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