Legal Question in Real Estate Law in Pennsylvania
squaters rights
Since I was born I resided @ my home. I left for college,& work for 10 yrs. I had to return because my grandmother became sick. My mother was unable to care for her. She sufered a massive stroke , so when my grandmother passed she asked me to stay and help her. I stayed for 5 yrs, never payed rent nor was I asked. On Feb.17 my Aunt evicted me so she could GIVE the house to her son. I recently heard of squaters rights and would like any help I can get. Theres alot more to this story. I hope someone can help me get my home back, not only for me but my mother too!
1 Answer from Attorneys
Re: squaters rights
Squatters rights is a misnomer. You are thinking of adverse posssession. In most states a person can acquire an interest in property that they have not otherwise legitimately acquired. This occurs per statute if they occupy the premises exclusively, openly and notoriously and against the true owner for the statutory period of time. So not only must a person occupy the property either without the owner's permission or knowledge (not both, just one will do). The person must also do so openly and notoriously, so that the community sees that he excercises domain over the claimed property. S/he must not allow other people to occupy the premises, and must occupy adverse to the interests of the owner. In many cases it is even necessary to pay the taxes on the property.
In all states the period which an adverse possessor must hold the property varies. Some states have statutory periods of as little as 6 years but most states are in the range of 16 to 20 years.
As you explain it, this situation does not seem to qualify. But just to be certain you should check with an attorney in your locality to be sure.
Regards,
Roger Traversa
email: [email protected]