Legal Question in Real Estate Law in Pennsylvania
squatters rights, quiet title?
My brother bought 110 acres 3 years ago, has given a few people permission to hunt, now he has papers stating he's being sued for a piece of his property, the gentlemen states he has rights for 21 years of maintaining property. The property is all fields that is NOT maintained and the man is only maintaining an acre in which he has claimed for his own. when purchasing this property there was nothing mentioned of any previous arrangement between old owner and neighbor. This person has asked my brother if he would sell an acre to him, my brother declined but said he could hunt there. Does this man have a case?
1 Answer from Attorneys
Re: squatters rights, quiet title?
You asked about squatter's rights, properly known as adverse possession.
This situation is relatively common. A person may or may not have right to claim property where possession was notorious (public), exclusive (excluded others) and adverse to the property owner.
If any element was not meant then adverse possession will not be found. The burden is on the claiming party to prove that they maintained the claim for the entire statutory period and therefore the claimed property is his.
Regards,
Roger