Pennsylvania Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights

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US-00938BG
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Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.


This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.

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FAQ

In Pennsylvania, to succeed in a claim for adverse possession a trespasser must prove actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of property for (in most cases) 21 years. Each of these elements must be proven in a court of law and each case will be unique.

Rule 1065.1. C.S. § 5527.1. Section 5527.1 of the Judicial Code permits a party to seek to acquire title to real property by commencing an action to quiet title if the party has adversely possessed the real property for a period of not less than ten years.

The cost of a quiet title action ranges from $1,500 to $5,000 for an uncontested lawsuit. Contested (or litigated) quiet title actions can cost much more. Cost mainly depends on the complexity of the title issue and whether the action is opposed. Complex or numerous title defects increase legal costs.

Currently, in most cases in Pennsylvania, the tenant or trespasser must be in ?actual, continuous, exclusive, visible, notorious, distinct and hostile possession? of the property for at least ten years to claim adverse possession of a property.

Uncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California.

Conversely, a quiet title action is normally brought by someone who is in possession of property to extinguish the rights of others which cloud his or her title and could otherwise be used to challenge that that title, ultimately affecting their continued possession.

Conversely, a quiet title action is normally brought by someone who is in possession of property to extinguish the rights of others which cloud his or her title and could otherwise be used to challenge that that title, ultimately affecting their continued possession.

As an example of a quiet title, there could be a Contractor whose primary job is flipping a house, meaning that Contractor A purchases a home for a low price, makes necessary home improvements, and then turns around and sells the home for a profit.

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Pennsylvania Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights