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    Re: Property possession

    Posted by -- on 11/28/07

    I took a look at the Pennsylvania statute [42 Pa.C.S. § 5530
    (2007)] dealing with adverse possession. It is straight common
    law principle with a 21 year period of possession required.
    Common law is made by courts so you have to find what the law is
    by reading cases on it instead of looking up one statute.
    Rather than me posting the elements of adverse possession, I
    suggest you GOOGLE "adverse possession" and read about it. (use
    quote marks around it) You will get dozens of hits.

    It appears from the facts you presented that if they have a
    claim it may be for an easement by prescription. Easement by
    prescription is much like the adverse possession requirements
    with slightly different requirements pertaining to use as
    opposed to possession. An easement would give them use but not
    ownership of your property. Below is a summary of a Penn. case I
    found similar to your case.

    "Where the property owners failed to
    show actual, continuous, exclusive,
    visible, notorious, distinct, and
    hostile possession of the gravel
    driveway for 21 years under
    42 Pa.C.S. § 5530(a)(1), their
    claim of ownership by adverse
    possession was denied."
    [Glenn v. Shuey, 407 Pa. Super. 213, 595 A.2d 606, (1991); but
    see Zeglin v. Gahagen, 571 Pa. 321, 812 A.2d 558(2002)]

    In your case take particular note of the requirement that the
    use of your land by a person making a claim must have
    been "exclusive". If this is a club with lots of members they
    may have trouble satisfying the "exclusive use" requirement.

    I should advise that at this point that you need to consulate a
    Penn. attorney. If you don't act correctly you could lose use
    of or your ownership of some of your property.

    On 11/28/07, Ed Murphy wrote:
    > On 11/27/07, -- wrote:
    >> Go to them (smile a lot and shake hands with everyone) and
    >> tell them everything is OK with you and you want to give them
    >> permission to use the property as they are now using it. All
    >> you want from them is a statement they won’t hold you liable
    >> if something happens. Put it in a very simple written form.
    >> For example:
    >> "I Edward Murphy owner of [describe property] give permission
    >> for [their name] to use my property for the purpose of
    >> [driveway etc.]. I ask no compensation for this privilege
    >> except that I shall not be held liable for any accident or
    >> loss because of the use of my property. I grant this
    >> permission under my discretion as property owner."
    >> [signed by parties]
    >> If they agree to this, they will be barred from claiming
    >> adverse possession or prescriptive easement in the future
    >> because their use/possession does not satisfy the requirement
    >> of being "hostile to all other persons." Their use will
    >> become permissive and may be revoked by you at anytime (even
    >> a couple of seconds after they sign the agreement). This is
    >> a trick way to defeat adverse possession but you don't need a
    >> lawyer or lawsuit to do it.
    >> One other thing you need to look for to be sure they don't
    >> have a valid easement. If their property is "land locked"
    >> they may have an “implied easement” or “easement by
    >> necessity” across your property. If so you are stuck with
    >> them.
    > Thankyou for the response!!! It may be difficult to get a
    > specific person to sign. This is a hunting cabin and I rarely
    > see anyone there. Can this be done through registered mail
    > possibly, or is there another avenue to persue easily. They
    > do have access to there property from the main road so it does
    > not appear land locked. Thanks Ed Murphy
    >> On 11/27/07, Edward P. Murphy wrote:
    >>> I own a large chunk of property in pennsylvania which has
    >>> been handed down to me from my grand fathers generation.
    >>> Bordering my property is a hunting cabin which after
    >>> surveying has an out building on my property and to my
    >>> suprise he has a driveway on it also. The ground is
    >>> posted every year by me personally, and each year the
    >>> posted signs appear to fall off the trees in this area
    >>> only. I noticed the driveway expanding when more of his
    >>> company visits, onto more of my property. They were asked
    >>> by me on several occasions to remove the cars and if they
    >>> were aware of the property lines. (they said they are and
    >>> were sorry) This property is owned by a hunting club not a
    >>> person according to tax records. The people I talk to are
    >>> just members I guess. I am 40 years old and this has been
    >>> this way even before my time. No legal action has been
    >>> taken by either party at this point. My question is what
    >>> can I do now to prevent any kind of squatters rights or
    >>> something similar to that affect? Thanks Edward P. Murphy

    Posts on this thread, including this one
  • Property possession, 11/27/07, by Edward P. Murphy.
  • Re: Property possession, 11/27/07, by --.
  • Re: Property possession, 11/28/07, by Ed Murphy.
  • Re: Property possession, 11/28/07, by --.
  • Re: Property possession, 11/28/07, by Ed Murphy.

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