In Re: Order Adopting Rule 1065.1 of Pa Rules of Civil Procedure

Opinion

Explanatory Comment

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 Rules Committee

David L. Kwass Chair