Are you at risk of adverse possession? If you live in Pennsylvania, chances are the answer is “no.” All the same, you’ve likely seen more than a few horror stories about “squatters’ rights” in the media. The New York City squatting caregiver headlines, Airbnb horror stories out of California, and other examples of trespassers having rights to protect their theft are scary, after all. The good news is that here in Pennsylvania, we have robust protections for landowners.
I am not a lawyer, and this topic has a lot of legal complexities that go well beyond the scope of a real estate blog article. Nothing contained in this article is intended to be legal advice. It is very important to consult with legal counsel if you have any questions about adverse possession and your property. The rules are different in different states, so having a local expert on your side goes far.
This week, I’m looking at adverse possession, squatters’ rights, what can be done about it, and more. Most adverse possession claims fall under either squatters’ rights or encroachment. Check out my recent article for more on encroachment and how to protect your property, and read on to learn more about squatters’ rights.
Let’s dig right in!
What is Adverse Possession
The concept of adverse possession is rooted in common law principles promoting the actual usage of land. Intended to ensure property does not go neglected and unused, adverse possession creates a mechanism for granting legal rights to the people who are actually using real property. Regulations allowing for adverse possession usually include a designated period of time and specific conditions that must be met during that period.
More specifically, adverse possession gives a squatter legal title to property if they can prove actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of the real property for at least a set period of time. In Pennsylvania, the general rule is that such adverse possession must be for 21 continuous years. After that set amount of time, a trespasser becomes a squatter and may claim adverse possession.
There are special situations where the 21-year timeline does not apply. As of 2019, special exceptions to help combat urban blight were made, allowing for a 10-year statute of limitations under strict circumstances. Additionally, the litany of property types that are not eligible for adverse possession is a complex enough topic to warrant an entire article. From non-profit organizations to eminent domain, and beyond, there are enough special situations to keep legal teams busy. Check out this article from weconservepa.org for more information.
In other words, adverse possession in Pennsylvania requires the trespasser to be visibly and publicly using the land as if they were the legal owner for the designated time period. Most landowners have ample opportunity to defend their property claims. While researching this article, even I was surprised at how few situations ended with the trespasser winning their claim. The claims that won were uncontested, with no former owner standing to be harmed by the decision.
Then, why does it matter?
If adverse possession comes up so rarely in our state, then why am I even writing this article? Just because Pennsylvania has robust protections for owners, that does not mean every state is the same. We’ve already seen examples of how New York and California tend to favor the trespasser/tenant, and with such loud headlines it’s important to know your local regulations.
When you’re moving to a different state, it’s also helpful to know the regulations for your destination. Will your new state be just as good for owners, or will you have to look into more protections for your property? Plus, if you’re keeping your property here in PA, knowing the adverse possession regulations can equip you to legally maintain your property. Our regulations favor the landowner, but it’s still important to consult with a lawyer and protect your property if you have concerns.
When selling or renting to folks from a different state, it’s important to be able to address any of their concerns with adverse possession. Those coming in from states that favor the tenant/trespasser could be in for a rude surprise if they’re trying shenanigans. Likewise, buyers who’ve had a bad experience with squatters may be relieved to know Pennsylvania law is on their side.
When someone claims adverse possession against your property, knowing the ins and outs is an early step in protecting your property. This article is not a comprehensive guide to this complex legal matter. I recommend consulting with a trusted legal advisor for more detailed information.
What can be done about it?
When it comes to what you can do about squatters and adverse possession claims, there are a couple of options. If you’re able to take action before 21 years pass, the easiest thing to do is document your actions and publicly assert your claim. The criteria for winning an adverse possession claim requires distinct and exclusive use of the property, and by asserting your claim in a public way you reset the timer.
Many of the same methods that protect your property from encroachment also protect your property from being adversely possessed. Rather than rehashing that entire conversation here, check out my recent article on encroachment for tips and tricks to help get in front of any adverse possession situations. I know I’ve said it a few times, but it bears repeating: I am not a lawyer, this is not legal advice, and you should consult with a lawyer for actual legal advice.
Once you’ve legally asked someone to leave your property and they refuse, they officially become trespassers. It’s not a matter of squatters’ rights at that point – it’s a matter of removing a trespasser. The good news is there’s an entire process for doing this in Pennsylvania. The bad news is that it’s a messy legal process involving lawyers and law enforcement. It’s not a quick or easy process, so preventing the possibility of a claim against you is the best way to keep your property safe.
Conclusion
Headlines about squatters’ rights and adverse possession from around the country do a lot to make property owners worried about having their land stolen out from under them. In Pennsylvania, the system prioritizes landowners while honoring the common law tradition of letting those using the land benefit from it. For you and me, this means that as long as we’re still around, using the land, and paying attention, we’re safe from adverse possession.
If you do find yourself in a situation where you have to defend your property from an adverse possession claim, there are plenty of measures you can take already pioneered by our forebears. At the end of the day, my advice remains “reach out to a lawyer if you have further questions” when it comes to a topic as legally dense as adverse possession. I’m here for all your real estate needs, not as legal counsel.
Thank you for joining me in another investigation of real estate topics! This week’s article leaned a bit more into the legal side of real estate than usual. All the same, I hope the article helped you understand the complex topic of adverse possession here in Pennsylvania. Do you know anyone who has dealt with an adverse possession claim themselves? I’d love to hear the story – reach out and chat today!
