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    Re: Property possession

    Posted by Ed Murphy on 11/28/07

    Thankyou again for your time and effort. It will be helpful.

    On 11/28/07, -- wrote:
    > 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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