Legal Question in Real Estate Law in Pennsylvania
need updated tacking laws in Pa concerning adverse possession
im being sued by my neighbor for some of my property. he's claiming adverse possession even though hes only been there 20 yrs. in pennsylvania the law is 21 yrs. berzonski v holsopple states privity of estate between succeeding owners is not necessary to permit tacking to make 21 yrs. that was overturned in plott v cole which states possession of successive occupants may be tacked but only when there is privity between them...each predecessor must have claimed title to the property in dispute and in transferring to his successor must have purported to include it. the plott ruling would support my case. i've been told the tacking laws in Pa have changed in the last 3 yrs. how do i find the new tacking laws or does the law change affect the ruling listed above?
1 Answer from Attorneys
Re: need updated tacking laws in Pa concerning adverse possession
I'm not familiar with the case you mention and cannot do research on it at this time.
"Tacking" means that there have been more than one person or family in possession of the property, and that there was some relationship, familial or legal, between each successive occupier of the property, so that all of their accrued time of possession may be counted towards the 21-year requirement for adverse possession.
There are other requirements, including that the possession not have been under a license or lease or permission to occupy.
If you need to defend title to your own property, you should first make a claim with your title insurance company -- the one that insured your title when you bought the property.
If you did not have title insurance at that time, you will have to consult a local attorney with real estate and litigation experience to help you defend your title.
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