Tioga Coal Co. v. Supermarkets General Corp.

546 A.2d 1, 519 Pa. 66, 1988 Pa. LEXIS 217
CourtSupreme Court of Pennsylvania
DecidedJuly 27, 1988
Docket90 E.D. Appeal Docket, 1987
StatusPublished
Cited by22 cases

This text of 546 A.2d 1 (Tioga Coal Co. v. Supermarkets General Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tioga Coal Co. v. Supermarkets General Corp., 546 A.2d 1, 519 Pa. 66, 1988 Pa. LEXIS 217 (Pa. 1988).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

FLAHERTY, Justice.

In September, 1978 Tioga Coal Company filed a complaint in equity against Supermarkets General Corporation seeking title by adverse possession to a strip of land known as Agate Street, located within Supermarkets’ property, and bordering Tioga’s property. Agate Street is a paper street [68]*68forty feet wide which was entered on the plan of the City of Philadelphia but was never opened to the public. It was stricken from the city plan in 1966.

The Chancellor originally found that the applicable statutory holding period for claims of adverse possession for lands within the City of Philadelphia is forty years, based on his understanding of Act of April 14, 1851, P.L. 612 Section 15, and Act of May 4, 1852, P.L. 569 Section 7, 12 P.S. Sections 77 and 78.1 The Chancellor also determined that Tioga was unable to demonstrate that it had possessed Agate Street for a continuous period of forty years, and therefore denied the adverse possession claim and declared that Supermarkets General was the beneficial owner of the property in question.2

The Chancellor’s determination of the applicable statutory holding period was appealed to Superior Court, which reversed the lower court’s determination. Superior Court held that the forty year statutory period applied only to “manorial lands” located within Philadelphia and remanded for a determination of whether the land in question was “manorial.” If Agate Street were located on “manorial” land, the applicable statutory period would be forty years; if it were located on nonmanorial land, the applicable holding period would be twenty-one years. This Court initially granted Supermarkets’ petition for allowance of appeal from Superior Court’s order, but then determined that the appeal was improvidently granted and remanded the case to [69]*69the Court of Common Pleas for proceedings pursuant to Superior Court’s opinion.

On remand, the Chancellor determined that Agate Street is not “manorial” land, and therefore twenty-one years is the applicable holding period for claims of adverse possession. He also found that some time around 1948 Tioga took control of a gate controlling access to Agate Street by putting its lock on the gate, and maintained the lock until approximately 1978, when the gate was removed. The court found that during the thirty year period between 1948 and 1978 Tioga controlled ingress and egress from Agate Street, with the exception of a spur railroad line which entered Agate Street from Supermarket General’s property approximately 150 feet north of the gate (Agate Street runs north and south) and continued northward alongside Tioga’s property line and beyond it.

The Chancellor also found that Tioga used Agate Street from 1948 through 1978 for its entire forty feet width from the gate northward for 150 feet, where the railroad spur entered the street, and then for a width of thirty feet from that point north for a further distance of 194 feet 9.5 inches. Although the court found that Tioga’s possession was “actual, open, notorious, exclusive and continuous” for a period in excess of the required twenty-one years, it determined that Tioga had failed to establish that its use or possession of Agate Street was hostile or adverse to the true owner of the land. The court, therefore, entered a Decree Nisi denying Tioga’s claim to title of Agate Street through adverse possession. Both parties filed exceptions to this decree and the court en banc affirmed. Tioga appealed the en banc court’s order and Superior Court affirmed, 362 Pa.Super. 630, 520 A.2d 69. We granted allocatur to determine whether, on the facts of this case, the lower courts were in error on the question of the hostility required to perfect a claim of adverse possession.

A.

Historically, the law of adverse possession was inextricably linked to the medieval concept of seisin, which, in [70]*70relation to land, meant, “possession under claim of a freehold estate therein.” Moynihan, Introduction to the Law of Real Property, 87-88 (1962). The elements of seisin, in other words, were both possession and the claim of a freehold estate to the land in question. When one was “disseised” from his land by a person who ousted him, prior to the year 1381, he could recover seisin by forcible entry, and after that date, by making a peaceable entry to the land. Moynihan, supra, 88. See also II Coke, Institutes of the Laws of England (London, 1823), Sect. 448. If this form of self-help was not practicable, actions at law were available, but they were also hazardous, for if the plaintiff selected the wrong writ, or if the pleadings did not match the writ or proof, the plaintiffs action was terminated with prejudice. Moynihan, supra, 89, 91 n. 2. By the fifteenth century, the development of the action in ejectment made the technicalities of seisin and the real actions obsolete. Moynhian, supra, 90-91.

The modern law of adverse possession, thus, derives from historical developments leading up to the creation of the action for ejectment. In fact, many commentators regard the availability or non-availability of an action in ejectment as dispositive of whether an adverse possession claim will succeed. In Powell’s Law of Real Property, for example, we are told that “[t]he theory upon which adverse possession rests is that the adverse possessor may acquire title at such time as an action in ejectment by the record owner would be barred by the statute of limitations.” Powell, § 1012(2). In Am Jur we find that adverse possession “aims at the repose of conditions which the parties have suffered to remain unquestioned long enough to indicate their acquiescence therein.” “Adverse Possession,” § 4 at 794 (1936). Similarly, The American Law of Property states that the “basic question” in adverse possession cases is “whether the true owner had a right of action in ejectment against the wrongful possessor____” § 15.4, p. 774 (Vol. 3, 1952). The emphasis in modern law, thus, is on the statute of limitations which bars an action for ejectment. Perhaps this view is best summarized as follows:

[71]*71According to the dominant view among commentators on the law of real property, the requirements for acquiring title by adverse possession come down to a simple test. Has the adverse possessor so acted on the land in question as to give the record owner a cause of action in ejectment against him for the period defined by the statute of limitations? It matters not what the motives or the state of mind of the possessor are. What matters is the possessor’s physical relationship to the land over a sufficient length of time. Of course, if the possessor has the record owner’s permission, that changes the picture. The possession is then no longer hostile in a legal sense, and no right to title will accrue to the possessor. But this, the argument runs, is precisely because the record owner has no cause of action against one whom he has permitted to occupy the land. The special situation shows the correctness of the underlying test.

The attractions of this view of adverse possession are great. It is securely tied to the statute of limitations, the foundation of the doctrine, which defines the period after which the record owner will lose his cause of action to recover the land from the trespasser. This view provides a workable test.

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Bluebook (online)
546 A.2d 1, 519 Pa. 66, 1988 Pa. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tioga-coal-co-v-supermarkets-general-corp-pa-1988.