I own a home that sits on land under title of a political subdivision. I've been there over 25 years, payed taxes on the land, and made improvements. The land in question was never devoted for public use nor do I share use of the land with another party.
Estate Planning Attorney
You would have to file a quiet title action in court, and establish that you meet all of the requirements for adverse possession. If the court determines that you have had exclusive, continuous, hostile, and open possession for over 21 years - and that the government entity in ownership is not immune from adverse possession - then you may be able to obtain ownership to the property.
I highly recommend seeking the help of a real estate attorney prior to any action.
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Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.
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I would add that adverse possession laws vary from state to state so you want to make sure to hire an attorney where the property is located to evaluate your case. It is usually only under rare circumstances that a person may claim adverse possession against a municipality or other political subdivision. Again, an attorney in your home state will be able to advise you on the proper course of action and if you meet all the requirements. All the best.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
There is one major problem with your claim. There is a general rule in PA, which we inherited from England....... You cannot adversely possess the lands of the King. That rule applies to lands of the Commonwealth, but not necessarily lands of municipalities. In the case of townships, cities and boroughs, your claim will be defeated if the municipality can in any argue with a straight face that a portion of the land is used for a "municipal purpose."
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