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
>> 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.