McClelland v. Cragle

13 Pa. D. & C.4th 584, 1992 Pa. Dist. & Cnty. Dec. LEXIS 382
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedApril 23, 1992
DocketNo. 42 of 1991
StatusPublished

This text of 13 Pa. D. & C.4th 584 (McClelland v. Cragle) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McClelland v. Cragle, 13 Pa. D. & C.4th 584, 1992 Pa. Dist. & Cnty. Dec. LEXIS 382 (Pa. Super. Ct. 1992).

Opinion

PRATT, J.,

On January 11, 1991, Lucy Ann McClelland and the McConnells; Frederick H. and Sharon Eyvonne, filed a complaint against the Cragles; Eugene, Esther and David. That complaint brought an action in trespass seeking ejectment and damages. The plaintiffs asserted title to the land and sought to eject the Cragles from a parcel of land where the Cragles had erected (and re-erected) a garage, resided upon and otherwise used the land for their own purposes. The Cragles filed an answer to the complaint on February [585]*58515, 1991, asserting their own chain of title in defense. Accompanying that answer was new matter whereby the Cragles brought a counterclaim of adverse possession under color of title.

At the non-jury trial occurring on November 13,1991, both sides attempted to assert the superiority of their chain of title and put the parcel in question within the metes and bounds of real property they received through their chain of title.

Irrespective of the merits of those arguments, what does appear to this court to be dispositive was the counterclaim of adverse possession under color of title. Adverse possession is a method of acquiring title to real property by possession for a period of time as defined and authorized by statute. Lowery v. Garfield County, 122 Mont. 571, 208 P.2d 478 (1949). Conversely put, possessors of land are protected from ejection, as other defendants are protected by a statute of limitations. In Pennsylvania, the statute of limitations for possession of real property setting the foundation for adverse possession is set forth in 42 Pa.C.S. §5530(a)(l). That section reads, “(a) General Rule — The following actions and proceedings must be commenced within 21 years. (1) An action for the possession of real property. ” Actions to quiet title under the shield of 42 Pa.C.S. §5530(a)(l) become actions for adverse possession.

As a means of acquiring ownership, title by adverse possession supersedes and defeats other forms of ownership including express, recorded legal title. Crooks v. McMichael, 230 Pa. 39, 79 A. 156 (1911); Kron v. Daugherty, 9 Pa. Super. 163 (1898); Jones v. Hughes, 2 Mon. 590, 5 Montg. 42, 16 A. 849 (1898).

[586]*586Although the counterclaim based on adverse possession is made in the name of all the defendants, such a claim of adverse possession (on the part of all defendants) and the facts asserted by the defendants are fundamentally inconsistent. By a deed of April 3,1990, defendants Eugene and Esther Cragle conveyed their interests in the property to defendant David Cragle. This transfer was acknowledged by all testifying defendants. Similarly the testimony of Eugene Cragle conceded that Eugene and Esther Cragle decamped from the premises ceding their possessory rights to David Cragle. By deeding their interests to David Cragle, Eugene and Esther Cragle obviously relinquished all interests in the property to David Cragle. Notwithstanding the fact that this is fundamental to the case and yet was not addressed by either counsel in pleading or at trial, the court has no choice but to conclude that only defendant David Cragle can and has attempted to assert a claim by adverse possession. The inclusion of the other defendants (Eugene and Esther Cragle) in the counterclaim and the failure to object to their inclusion must, the court concludes, have been mere oversights.

Turning now to the claim by adverse possession itself, for adverse possession to lie, the claimant’s possession must be actual, continuous, exclusive, visible, notorious, distinct and hostile for the prescriptive period of 21 years. 1 P.L.E. Adverse Possession §11. The plaintiffs accede that all the necessary elements for adverse possession are present in defendants’ counterclaim save one; that element which the plaintiffs contend is absent is hostile possession. Notwithstanding this apparent limitation upon the theater of conflict, the court will [587]*587later engage in a limited discussion of the other elements of adverse possession, but first we will turn to the more pressing question of hostile possession.

In order for a purported possession to be an adverse possession, it must be hostile from the time of origin until the end of the statutorily required 21-year period. Moreland v. Moreland, 121 Pa. 573, 22 W.N.C. 401, 15 A. 655 (1888). It is the plaintiffs’ position that because they did not know before 1976 that they owned the land, they did not oppose its occupation and use by the defendants, and as the plaintiffs did not make opposition, possession by the defendants could not have been hostile until 1976. Hostile possession beginning in 1976 would leave the defendants approximately six years short of the statutorily required 21-year period required for ownership by adverse possession.

What the plaintiffs contend is not the state of the law. Actual hostilities are not what is required, only possession by a claimant intended to hold title against all the world. Vlachos v. Witherow, 383 Pa. 174, 118 A.2d 174 (1955) adopting the opinion reported at 3 D.&C.2d 698 (1955); Schlagel v. Lombardi, 337 Pa. Super. 83, 486 A.2d 491 (1984); Ewing v. Dauphin County Tax Claim Bureau, 31 Pa. Commw. 285, 375 A.2d 1373 (1977). It has even been said (regarding the law of Pennsylvania on adverse possession) that hostility “means simply that the true owner has not [in fact] consented to the possession.” Gee v. C.B.S. Inc., 471 F. Supp. 600, 655 (E.D. Pa. 1979), aff’d., 612 F.2d 572.

In any event, as long as the claimant holds title adversely to the true record title holder, it does not matter [588]*588that the claimant is not unfriendly because he believed at that time that he himself was the true owner. Lyons v. Andrews, 226 Pa. Super. 351, 313 A.2d 313 (1973). So in reversing a holding that possession by a supposed buyer was not “hostile” as against a supposed seller because both mistakenly believed that title had been in fact conveyed to said buyer, our Superior Court said:

“Thus it appears that the lower court held that since Mr. Schlagel was under the impression that he had ‘purchased’ the disputed trust from Mr. Baumgart, he did not hold the land ‘adversely’ to Mr. Baumgart. We interpret this language to mean that the lower court felt that possession was not ‘hostile.’ In other words, since Mr. Schlagel was under the mistaken belief that he owned the land (mistaken because an oral agreement for the sale of land is not valid), he did not hold the land with a hostile intent to exclude Mr. Baumgart, the true owner. Because we feel that the lower court incorrectly interpreted the ‘hostile’ intent element of adverse possession, we reverse and remand.” Schlagel v. Lombardi, supra, at 87-88, A.2d 495.

Open and notorious possession is sufficient to alert an owner as to the need to protect his rights and (in the absence of actual permission to use by the true owner) itself amounts to hostile possession.

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Related

Gee v. Cbs, Inc
612 F.2d 572 (Third Circuit, 1979)
Gee v. CBS, INC.
471 F. Supp. 600 (E.D. Pennsylvania, 1979)
Vlachos v. Witherow
118 A.2d 174 (Supreme Court of Pennsylvania, 1955)
Wittig v. Carlacci
537 A.2d 29 (Supreme Court of Pennsylvania, 1988)
Smith v. Peterman
397 A.2d 793 (Superior Court of Pennsylvania, 1978)
Glenn v. Shuey
595 A.2d 606 (Superior Court of Pennsylvania, 1991)
Schlagel v. Lombardi
486 A.2d 491 (Supreme Court of Pennsylvania, 1984)
Reed v. Wolyniec
471 A.2d 80 (Supreme Court of Pennsylvania, 1983)
Sutton v. Miller
592 A.2d 83 (Superior Court of Pennsylvania, 1991)
Tioga Coal Co. v. Supermarkets General Corp.
546 A.2d 1 (Supreme Court of Pennsylvania, 1988)
Inn Le'Daerda, Inc. v. Davis
360 A.2d 209 (Superior Court of Pennsylvania, 1976)
Lyons v. ANDREWS
313 A.2d 313 (Superior Court of Pennsylvania, 1973)
Burns v. Mitchell
381 A.2d 487 (Superior Court of Pennsylvania, 1977)
Lowery v. Garfield County
208 P.2d 478 (Montana Supreme Court, 1949)
Moreland v. Moreland
15 A. 655 (Supreme Court of Pennsylvania, 1888)
Crooks v. McMichael
79 A. 156 (Supreme Court of Pennsylvania, 1911)
Kron v. Daugherty
9 Pa. Super. 163 (Superior Court of Pennsylvania, 1898)
Ewing v. Dauphin County Tax Claim Bureau
375 A.2d 1373 (Commonwealth Court of Pennsylvania, 1977)
Reece v. Roush
2 Mont. 586 (Montana Supreme Court, 1877)

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Bluebook (online)
13 Pa. D. & C.4th 584, 1992 Pa. Dist. & Cnty. Dec. LEXIS 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclelland-v-cragle-pactcompllawren-1992.