Legal Question in Real Estate Law in Pennsylvania

Since you do not own the property on which the fence is installed, the only other way to allow the fence to remain is for the individual to claim title by averse possession.

In order to acquire title by adverse possession, the individual must do all of the following �

1. Use or occupy the property for an uninterruptrd period of 20 years;

2. The use or occupancy must be �open�, in other words, the other property owner must know about it;

3. The use or occupancy must be �hostile�, in other words without the owner�s consent;

4. Lastly, the use or occupancy must adverse to that of the true owner

Once these elements are established and 20 years have elapsed, the individual would file a Petition in the Court of Common Pleas in the County in which the property is located and ask the Court to declare him the owner of the property in question by adverse possession.

ANDREA G. TILLIS