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  1. #1
    icanlanc Guest

    Question Squatter's Rights

    What is the name of your state? Pennsylvania

    What are squatter's rights? I work for a social service agency. The local police told me that if a person allows another person to spend even one night in his/her home that that person is now a legal resident (even if that name is not on the lease) if that guest has nowhere else to go.
    For example: A client of our center let a homeless person stay with him out of kindness. This guest became physically abusive. The police said that the guest was technically a legal resident of his apartment because he had nowhere else to go and he had stayed with him for two weeks. He stated that the guest had a right to residency under squatter's rights.

    This seems outrageous? Is it true?
  2. #2
    hexeliebe Guest
    Now I know what happened to the Acid I lost on the roadtrip from New York to California I made in 1967.....It found it's way to the Pennsylvania Police....

    What is this guy smoking?

    Check out this link.
    [url]http://www.boalt.org/outlines/Property/Property_Peterson_2001fall-1.doc[/url]

    Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property. There are several elements needed for adverse possession to result in title:

    The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.

    The possession must be open for all to see.

    The possession must be exclusive to him or her (e.g., the fence in the above example, a driveway, road, etc.)

    The possession must be hostile to the actual owner of the land.



    According to Black's Law Dictionary:

    Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one’s claim for possession of the real estate.

    A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person’s claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person’s Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate.

    In Pennsylvania, the duration of such possession is twenty-one (21) years. Pennsylvania Code §42-5530.
  3. #3
    HomeGuru is offline Senior Member
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    Re: Squatter's Rights

    Originally posted by icanlanc
    What is the name of your state? Pennsylvania

    What are squatter's rights? I work for a social service agency. The local police told me that if a person allows another person to spend even one night in his/her home that that person is now a legal resident (even if that name is not on the lease) if that guest has nowhere else to go.
    For example: A client of our center let a homeless person stay with him out of kindness. This guest became physically abusive. The police said that the guest was technically a legal resident of his apartment because he had nowhere else to go and he had stayed with him for two weeks. He stated that the guest had a right to residency under squatter's rights.

    This seems outrageous? Is it true?
    **A: no, it is not true.

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