What PA Home and Property Owners Need to Know About Adverse Possession

Contact us for help resolving adverse possession disputes in Pennsylvania.

Adverse possession can be extremely complex, and it is crucial that you seek the professional guidance of one of the experienced Real Estate attorneys at Bingaman Hess in regard to questions or concerns you may have in regard to it.

Adverse Possession in Pennsylvania

Cornell Law School defines adverse possession as "a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations." The purpose of adverse possession is to help prevent lawsuits, correct defects in titles, ensure land does not remain dormant and to promote land development.

Adverse possession most often occurs when property lines are misdrawn or there is a disagreement about property lines. Importantly, adverse possession cannot be used to acquire federal or state government-owned property.

In PA, a person seeking to acquire property via adverse possession must prove multiple factors including actual, continuous, exclusive, notorious, and hostile possession of the property for a certain number of years.

Actual Possession

Actual possession may occur when someone treats property as their own. For example, they have made improvements, cultivated the land, built a shed, maintained a fenced-in lawn, paid property taxes, etc.

Continuous

Possession of the property cannot be sporadic for purposes of adverse possession. It must be continuous and uninterrupted for the length of the applicable statute of limitation. The person seeking to make a claim for adverse possession must use the property as the title owner would.

Exclusive

Possession of the property must be exclusive. The claimant cannot share possession of the property with the title owner. For example, if the title owner uses the property occasionally, possession of the property is not considered exclusive.

Notorious

The use of the property needs to be public, allowing the title owner the opportunity to see the use of the property.

Hostile

If the title owner grants permission to use the property, it is not considered hostile and cannot be taken by adverse possession.

Tips to Avoid Adverse Possession Claims on Your Property

1. Properly identify your property lines.

2. Monitor and regularly check for encroachments on your property such as driveways, sheds, gardens, mowed areas, etc.

3. If any property is part of an easement, know what activities are consistent with the granted easement.

Adverse Possession Claim

A trespasser cannot simply declare that they are owner of a property. Proving adverse possession is required.

To accomplish this, a trespasser must notify the title owner and initiate a quiet title action - "a civil court action or lawsuit that is filed with the intended purpose to establish or settle the title to a property." This action should be filed with the Court of Common Pleas in the county where the property is located.

The burden of proof is on the trespasser. They need to present evidence proving they satisfy all adverse possession requirements – actual, continuous, exclusive, etc. If the title owner wins the case, the quiet title action is dismissed.

If you suspect someone is trying to take your property by adverse possession (but has not yet initiated a quiet title action), you need to assert your rights to the property by confronting the trespasser and gathering evidence that the requirements of adverse possession have not been met. If the trespasser does not respond, you should consider an action in ejectment against the trespasser.

Legal Advice on a Wide Range of Real Estate Issues

Whether you are a title owner or someone who is initiating a quiet title action, the knowledgeable Real Estate attorneys at Bingaman Hess can help you achieve your goal.

Give us a call at 610.374.8377 or contact us online.

< Older Post

Newer Post >

Mail

News & Information

Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.