CHAPTER 137. PROCEDURES BEFORE THE BOARD OF PROPERTY
GENERAL PROVISIONS Sec.
137.1. Communications.
137.2. Depositions.
137.3. Fees.
CAVEAT
137.4. Form.
137.5. Disposition of deposit.
137.6. Effect.
137.7. Citation.
137.8. Resurvey.
137.9. Caveator as plaintiff.
GENERAL PROVISIONS
§ 137.1. Communications.
Communications for the Board shall be addressed to the Secretary of Community Affairs, Post Office Box 155, Harrisburg, Pennsylvania 17120.
§ 137.2. Depositions.
Depositions of witnesses submitted to the Board will become a part of the record and may not be withdrawn.
§ 137.3. Fees.
Fees for business relating to the Board shall be as follows:
(1) Filing caveat … $2
(2) Issuing citation … $2
(3) Recording application for resurvey … $2
(4) Order of resurvey … $2
(5) Copy of action or determination of Board … $2
CAVEAT
§ 137.4. Form.
A caveat may be entered against the granting of a warrant, acceptance of a survey or granting of a patent. The caveat shall be in writing and accompanied by a complete abstract of title or chain of circumstances forming the basis of the caveator’s claim. No particular form is required; however the application, survey or other office right against which the caveat is entered, together with the reasons for filing it, shall be distinctly stated.
§ 137.5. Disposition of deposit.
(a) A caveat may not be recognized and processed unless the caveator deposits, with the caveat, fees as determined by the Department of Community Affairs and including purchase money in the case of vacant land.
(b) If the decision of the Board is against the caveator and the caveator does not appeal the decision, the purchase money less costs and fees incurred by the caveator, as determined by the Board, shall be returned to the caveator. If the caveator appeals the decision of the Board, the purchase money deposited shall be held and disposed of as directed by the court making the final decision thereon.
(c) If the decision of the Board is in favor of the caveator, he shall proceed promptly to perfect his title under the Pennsylvania Public Lands Act (64 P. S. § § 601—616), and in compliance with this part.
(d) If the caveator fails to comply with subsection (c) he shall be deemed to have abandoned his claim and rights.
§ 137.6. Effect.
(a) A caveat entered against the granting of a warrant on an application on file shall bar the issuing of the warrant except when:
(1) The caveator is deemed to have abandoned his objections.
(2) The caveator has not shown proof in support of his claim.
(3) The Board dismisses the caveat, after determination or hearing upon a citation.
(b) A caveat, note on survey or writing in the nature of a caveat may not continue to bar the issuing of a patent to the person against whom the caveat is entered longer than 2 years, unless the parties interested in the land takes out a citation within the 2-year period to bring the dispute to a decision and prosecute the same to effect.
§ 137.7. Citation.
(a) A citation shall be issued on a pending caveat on the application of a party in interest. A 30-day notice shall be given to the opposite party of the time and date on which the case shall be heard by the Board. Either party desiring to take depositions of witnesses for presentation at the hearing shall give the other party a 10-day notice of the time and date for the taking of the depositions.
(b) Citations shall be returned to the Department of Community Affairs on or before the days fixed therein for the hearing of the cases in which they are issued.
(c) Acceptances of notice and agreements to continue cases shall be in writing.
§ 137.8. Resurvey.
(a) A petition for an order of resurvey shall include all of the following:
(1) The name of the warrantee.
(2) The date of warrant upon which the former survey was made.
(3) The reasons for the resurvey.
(b) An order for resurvey shall require the caveator to assume responsibility for payment of costs incurred and furnish a receipt for the costs.
§ 137.9. Caveator as plaintiff.
(a) The party who enters a caveat shall become the plaintiff or complainant, and shall open the case and make the concluding argument at the hearing.
(b) Subsection (a) supersedes 1 Pa. Code § 35.125(a) (relating to order of procedure).
Notes of Decisions Since it was clear from the record that the party entering caveat had met burden of proof, the court affirmed the order of the Board in favor of party entering caveat in spite of fact that party entering caveat did not open the case as provided for in this section. Bixler v. Hoverter, 491 A.2d 958, (Pa. Commw. 1985).
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