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Do we have legal claim through Adverse Possession???

Erie, PA |

My husband has been maintaining o18 inches of our neighbors property for a little over 30 years now. We have had no problems with them until recently. He boyfriend moved in, had an assessment done and came over this morning and told us to move everything. I understand he is NOT the homeowner and not on the deed to her home. But my husband and I want to know if we have any legal claim to this property??? We are filing harassment charges on this man,we have also taken pictures of the property we have been maintaining. In desperate need of advice.

Attorney Answers 3


  1. Yes you do have a claim for adverse possession. Speak to a real estate attorney

    Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question. If you would like to consult with me privately, you may do so by telephone at 215-423-5500.


  2. As attorney Kenney noted, you might very well have an adverse possession claim. A prior owner is barred from commencing an action for the possession of real property after 21 years. 42 Pa. C.S. § 5530. Essentially, you must demonstrate actual, exclusive, visible, notorious, distinct, and hostile possession of the land continuously for 21 years. You should consult with an attorney to learn how to perfect your rights

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
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  3. You can go on this site and look at my guide on adverse possession http://www.avvo.com/legal-guides/ugc/adverse-possession-in-pa

    Let me tell you what I would do if I represented the neighbor. It might help you recognize that everything you say will be used against you.........

    I would cross examine you on the words you wrote in your question. I would ask you to read aloud the following; "My husband has been maintaining 18 inches of our neighbors property for a little over ...." I would then ask how you know its your neighbors property. After 10 or 15 more questions your case would be over.... destroyed out of your own mouth.

    DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600

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