Legal Question in Wills and Trusts in Pennsylvania

what do I have to do to, "acquire land by quiet title",??,,this was land I have been paying taxes on for near 20 years after the death of my grandmother. All heirs were sent a letter asking what they wanted to sign off on the property. Only had one response with no actual money amount asked for. Thank-you.


Asked on 2/14/11, 3:54 am

1 Answer from Attorneys

It does not matter that you have been paying taxes on the land. You could pay for 100 years. and still not get title.

People acquire land either by deed (either explicitly or by mistake) or by what is called "adverse possession." In order to have adverse possession, your use has to meet the requirements (exclusive, adverse (without permission, hostile, open). I do not have enough information to know if the requirements exist in your case or not.

If you are on the land, you bring an action to quiet title only if there is a cloud on the title. I am not entirely sure that there is a cloud on the title in your case. However, talk to a real estate litigation attorney in your area to determine whether it would be feasible to bring a quiet title action.

It may be that you would be better off getting the other heirs to sign now. You would be required to get the land appraised and divide the value of the land by the number of heirs. You don't simply ask them what they want for their share. You must then deduct from the other heirs share their contribution for maintenance and taxes and factor in rental value for the property to know what their share is worth. If the heirs refuse to sell their shares to you, I would then bring a partition action.

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Answered on 2/15/11, 7:40 pm


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