What are my rights if someone else has encroached on my property? - Pennsylvania
The Short Answer
In Pennsylvania, an encroachment (like a fence, driveway, shed, or addition crossing the boundary) can give you the right to demand removal and/or pursue court remedies—but your options depend heavily on proof of the true boundary, how long the condition has existed, and whether the other party may claim rights through adverse possession.
Because timing and property-title issues can change the outcome, it’s smart to speak with a Pennsylvania attorney before the situation hardens into a permanent legal problem.
What Pennsylvania Law Says
Encroachment disputes often turn into (1) a title/boundary dispute and (2) a possession dispute. If the other party has been occupying part of your land long enough and in the right way, they may try to claim ownership through adverse possession—typically requiring proof that their possession was actual, continuous, exclusive, visible, notorious, distinct, and hostile for the required period.
The Statute
The primary law governing adverse possession claims in Pennsylvania is 42 Pa.C.S. § 5527.1.
This statute establishes that title to certain real property may be acquired after no less than 10 years of qualifying adverse possession, and it also requires the claimant to pursue a quiet title action with specific notice requirements.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: If an encroachment has existed for years, delay can increase the risk of an adverse possession claim. Under 42 Pa.C.S. § 5527.1, adverse possession can be asserted after at least 10 years (with additional notice/quiet-title requirements in that statute).
- Burden of Proof: Boundary and title disputes often require strong documentation (deeds, surveys, historical use) and careful legal framing to avoid unintentionally strengthening the other side’s claim.
- Exceptions and Overlapping Issues: Encroachment problems can overlap with easements, inherited/estate ownership, or co-ownership rights—especially when the property is part of an estate. (For related estate-property issues, see rights of tenants in common in Pennsylvania.)
Trying to handle an encroachment dispute alone can lead to costly mistakes—like missing a key legal defense, triggering the wrong type of claim, or ending up with a result that clouds title and complicates a future sale or probate transfer.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.