Legal Question in Real Estate Law in Pennsylvania

My parents have had a piece of property in the mountains of pa for over forty years. They started with a trailer on it, and later built a house attached to the trailer, built a shed on the property, planted trees, had a vegtable garden every year on this property. With a hand shake the piece of property was given to my parents by the owner. The owner died and also my parents. The owners wife sold all her land, which included where our house is. We have been still using the house for about ten or eleven years now. Not paying anyone anything. Just like my parents did. The new owner of the land which aquired thousands of acres, is now trying to lease this house (which was built by my father) to us. Or we need to leave. Is this legal?


Asked on 10/25/10, 8:59 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You may have rights, depending on the full facts. Did your parents live there continuously? Did the owner have any communications with your parents over the years, other than the "hand shake"? When you started using the land, was it immediately after your parents died? Did you actually live there? Did the new owner communicate with your parents or you? Has the new owner presented a written lease to you?

You should not sign or agree to lease the property without first consulting a lawyer.

These and other factors have to be reviewed by a real estate lawyer in the county where the property is located. The lawyer may be able to bring an action to quiet title, based on adverse possession, or to make those claims if the new owner sues to remove you from the property. This is not something you can do on your own.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 10/30/10, 9:26 am


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