Title 231—RULES OF
PART I. GENERAL
[ 231 PA. CODE CH. 1000 ]
Order Adopting Rule 1065.1 of the Pennsylvania Rules of Civil Procedure; No. 699 Civil Procedural Rules Doc.
[49 Pa.B. 3305]
[Saturday, June 29, 2019]
And Now, this 17th day of June, 2019, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published for public comment at 48 Pa.B. 7624 (December 15, 2018):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1065.1 of the Pennsylvania Rules of Civil Procedure is adopted in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective June 19, 2019.
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1000. ACTIONS
Subchapter D. ACTION TO QUIET TITLE
(Editor's Note: The following rule is added and printed in regular type to enhance readability.)
Rule 1065.1. Notice. Claim for Adverse Possession.
(a) This rule governs an action to quiet title of property pursuant to Section 5527.1 of the Judicial Code, 42 Pa.C.S. § 5527.1.
Official Note: Section 5527.1 of the Judicial Code permits a party to seek to acquire title to real property by commencing an action to quiet title if the party has adversely possessed the real property for a period of not less than ten years.
(b) As used in this rule,
''plaintiff'' means the possessor of real property who is seeking to quiet title to real property that he or she has adversely possessed for a period of not less than ten years.
''defendant'' means the owner, the owner's heirs, successors, and assigns, of the real property as recorded in the most recent deed filed in the Recorder of Deeds Office at the courthouse in the county in which the real property is located.
(c) Upon satisfying the requirements of Section 5527.1(a)-(b) of the Judicial Code and commencing an action to quiet title, the plaintiff shall provide to the defendant the notice set forth in subdivision (d) of this rule.
(d) The notice shall be substantially in the following form:
Notice Required by Section 5527.1
of the Judicial Code
To the above-named defendant:
The plaintiff in the above-captioned matter has filed an action to quiet title pursuant to Section 5527.1 of the Judicial Code, 42 Pa.C.S. § 5527.1, seeking to acquire title by adverse possession of real property described as follows:
City, State, Postal Zip Code
Uniform Parcel Identifier or Tax Parcel Number
Metes and Bounds Description
If you wish to challenge the claim of adverse possession, you must respond to the action to quiet title within one year after this complaint and notice are served by commencing an action in ejectment against the plaintiff.
New Rule 1065.1 sets forth the form notice required by Section 5527.1 of the Judicial Code, 42 Pa.C.S. § 5527.1. Section 5527.1 provides for a ten-year limitation for adverse possession of real property under certain circumstances after which the adverse possessor may seek to acquire title to real property by filing an action to quiet title. Section 5527.1(c) requires the adverse possessor to provide notice relating to the respondent record owner's ability to cure the adverse possession. Section 5527.1(c)(3) directs that the notice is to be provided in a form approved by rule of the Pennsylvania Supreme Court and must include the following information: (1) that the record owners or their heirs, successors, and assigns shall have one year in which to respond to the quiet title action by commencing an action in ejectment against the adverse possessor to dispute the claim of adverse possession, (2) the metes and bounds description of the property, (3) deed reference, (3) street address, (4) postal zip code, and (5) uniform parcel identifier or tax parcel number. New Rule 1065.1 is intended to incorporate the requirements of Section 5527.1(c).
By the Civil Procedural
DAVID L. KWASS,
[Pa.B. Doc. No. 19-957. Filed for public inspection June 28, 2019, 9:00 a.m.]
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