Peters Township takes action to avoid potential loss of property
An arcane state law that’s been on the books since the 18th century is prompting action by Peters Township.
Under the legal doctrine of adverse possession, someone who makes improvements on an otherwise neglected piece of land can acquire title if the property remains undeveloped for 21 years.
To avoid the municipality potentially forfeiting a small parcel in the Windermere residential development, township council voted March 25 to accept the applicable dedicated right of way. The tract, in the southeastern corner of the plan, contains what is listed on documents as a “future street extension.”
The provision for a street is “intended to provide access to Simmons Farm, if and when it develops,” township manager Paul Lauer said about the property adjacent to Windermere. “As of right now, there are no immediate plans to do that.”
Starting in 2015, Washington County began requiring its municipalities to accept rights of way by deed. As a result, dedicated rights of way owned by the township are subject to the claims of others after 21 years, according to the fact sheet distributed at the council meeting.
Township planning director Ed Zuk will investigate where similar situations exist, Lauer told council. He also said that the municipality lost at least one tract through adverse possession, eliminating a possible street connection to the Juniper Woods residential development in the works off Thompsonville Road.
Frank Kosir Jr., council chairman, recommended sending letters to residents who are making use of township-owned properties giving notification that they’re allowed to do so. Such action negates claims of adverse possession.
“I’m certainly not advocating that we go out and search every right of way we’ve got, and tell everyone who has an improvement in these right of ways to take down their sheds or take out their play sets,” Kosir said. “Just give them permission.”
Solicitor John Smith agreed.
“You don’t have to stop them from using it, per se,” he said. “Just let them know it’s not theirs.”
According to the Pennsylvania Bar Association, the 21-year time period for adverse possession dates back to 1785 in Pennsylvania, and before that to English law.