Pennsylvania Squatter Laws

Pennsylvania squatter laws allow an individual to make an adverse possession after 21 years of continued inhabitance and maintenance of a property.
Written by Elizabeth Sandberg
Reviewed by Melanie Reiff
Under
Pennsylvania
law, squatters can make an adverse possession claim on a property after 21 years of continuous use and maintenance (the time limit is ten years for single-family homes on lots smaller than ½ acre)—but they must pay property taxes for that whole period
Squatting is viewed negatively in the US, but—surprisingly—it’s actually legal in many cases. For anyone needing a place to live, that could be good news, but for anyone who owns the unoccupied property, it’s an unwanted legal nightmare. 
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and
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super app
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has created a guide to squatter laws in Pennsylvania. Here, we review the legal meaning of squatting, what qualifies as an adverse possession claim, and offer some tips to protect your property from squatters in the Keystone State. 
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Who’s considered a squatter in Pennsylvania?

In Pennsylvania, the term squatter refers to anyone living on property that is foreclosed, abandoned, or unoccupied, without the legal property owner’s express consent. 
Laws defining squatter’s rights were first enacted as far back as the 1850s. These laws distinguish between legal squatting and the illegal act of criminal trespassing

Squatting vs. trespassing vs. holdover tenants

The key difference between squatting and trespassing is whether the property is occupied and whether the owner has told squatters they’re not allowed to be there
If someone takes up residence in your home without your permission while you’re living there, that’s trespassing
Similarly, if you’ve posted signs on your vacant property that warn against trespassing—making it clear that no one is welcome on the property—then anyone attempting to squat there can be charged with criminal trespassing. But if your property is uninhabited and the individual living there has no way to know that they’re not allowed, it’s not necessarily a case of trespassing.
Similarly, holdover tenants are renters who remain in a home or apartment beyond the lease expiration. This could be considered trespassing—but if they continue to pay rent on time and the landlord accepts it, they become tenants at will

Adverse possession laws in Pennsylvania 

Pennsylvania’s adverse possession laws allow squatters to make a legal claim to a property against the current owner’s rights. To qualify for adverse possession, a squatter must be able to prove ten to21 years of continuous use, maintenance, and improvement of the property in question. They must also have paid property taxes during that span and must show they’ve met the following requirements. 

Hostile possession

While it sounds aggressive, hostile possession rarely involves physical encounters. Rather, it is when an individual is living on a property without the legal owner’s consent. 
This could involve instances where a trespasser knows the property belongs to someone else, but it also includes cases of “simple” or “good faith” occupation,in which the individual is unaware their occupation is unlawful. 

Active possession

To further meet requirements for an adverse possession claim, a squatter must show active control over the property. They need to live on it and use it just as an owner would—making landscaping improvements, or performing routine repairs and maintenance

Open and notorious possession

Squatters must live on the property openly and not actively hide their presence. If they’ve been living there openly and it is obvious to anyone who visits (including the property owner), they have partially met the basis for a claim on the property. 

Exclusive possession

In some cases, squatters work in groups that occupy a property together. Pennsylvania does not recognize an adverse possession claim in those situations, or in cases where the squatter is sharing the property with the rightful owner—instead, the squatter must be in exclusive possession of the property for ten to 21 years. 

Continuous possession

Finally, the squatter must have been in continuous possession of the property for ten to 21 years, and during that time they must have paid all state, county, or municipal taxes required on the property. 
The ten to 21-year time span is longer than most states—meaning that squatters must be more persistent in Pennsylvania than in many other parts of the country
Key Takeaway In Pennsylvania, an adverse possession claim requires ten to 21 years of continuous residence, use, or improvement, along with property tax payments during that period. 

Does Pennsylvania honor color of title claims?

Some states require an adverse possessor to have an invalid title—or some other documentation falsely or incorrectly granting them the land—to make an adverse possession claim. Pennsylvania does not require color of title. 
MORE: Pennsylvania renters insurance

How to protect yourself from squatters

Although squatters receive certain legal protections in Pennsylvania, property owners can protect themselves and their property from the legal disputes caused by squatters using these simple tips: 
  • Visit your property regularly: Property that has been vacant for long periods makes it easier for squatters to take possession 
  • Install locks, cameras, and alarms: An adequate security system and secured windows and doors can deter unwanted visitors 
  • Put up “no trespassing” signs: Letting squatters know they’re unwelcome can help you avoid an adverse possession claim 
  • Pay all property taxes promptly: Since property taxes are an important requirement for any adverse possession claim, paying all local, municipal, and property taxes on time will prevent others from attempting to claim your property  
If those squatters try to take possession of your property, there are actions you can take. 
  • Inform them of the property’s ownership with a written notice and request that they leave
  • Offer to rent the propertyto them
  • Contact the local sheriff 
  • File an unlawful detainer suit to evict them from the property
Whatever you do, act with caution—some behavior could backfire on you legally. Do not turn off utilities or threaten squatters in any way. It is best to follow legal channels to have squatters removed from your property. 

How to find affordable home and car insurance in Pennsylvania

Whether you’re a property owner trying to keep squatters away, or you’re looking for an affordable place to rent in Pennsylvania, super app
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FAQs

In theory, squatters could stay on an unoccupied property in Pennsylvania indefinitely, but to make an adverse possession claim, they must stay on the property for ten to 21 years, improve the property, and pay property taxes for the whole period.
Yes—in order to legally lay claim to a property they’re occupying, squatters in Pennsylvania must pay property taxes for the 10 to 21 years they occupy the property.
Not in every case. Trespassing is a criminal offense in the US, but squatting can be legal under certain circumstances: If the property is unoccupied, abandoned, or has been foreclosed, and the owner has not clearly indicated that squatters are not allowed on the property.
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