claim that area. Is this true, and could it apply to a borough "paper street" (who not only does not maintain property, but will not maintain property)? The reason that the borough says that they won't maintain the property (eg. trimming damaged trees), is because they don't own it. Well, if not them, who does?
I am going to try to answer your question briefly in the short space allowed here. I am currently re-writing my 200+ page book on this topic, which is obviously a more complex and thorough view on the subject. There is a difference between paper streets created before May 9, 1889 and those after that date. Let’s assume your street is later. x to the 1889 law(found at 36 P.S. 1961), municipalities must “open” paper streets within 21 years of creation. Opening is accomplished by 1) ordinance declaring the road open, or 2) overt act to maintain the road, such as paving or snow plowing. If the municipality does not act to “open” the road, title to the land passes to the adjoining property owners . Your title is now extended to the center line of the road, as is your neighbor.
We regularly address this issue in one of two ways. The easiest is to hire a surveyor to survey the new line and give you a legal description for a new deed to be filed in which you are both the grantor and the grantee. The deed will have this language at the end of the recital (Legal Description) . “Because no action was taken by (Name of Municipality) to open a paper street shown on a certain plan prepared by _______ and identified as ____________, within twenty one years of the laying out of such road, title to the center line has reverted to the adjoining property owners, by operation of law, and the legal description to the property described above has been corrected to reflect such fact.” The second method is to ask the municipality to pass an ordinance abandoning the road ( that will wake up your neighbors).
Here is where it gets complex. Even if the road was not opened, and you now own to the center line, every owner of land shown on the plan which created the road has private rights, like an easement, to use the area of the road. To end this right, you have to either: 1) sue every one of your neighbors (this will make the local bar association and Mercedes dealer quite happy) or 2) physically block the road with a man-made barrier for 21 years.
Edward G. PuhlBanking Law AttorneyGettysburg, PA ·
To put it briefly, in Pennsylvania, you can claim title to or an easement over real property by adverse possession if you can establish by clear and convincing evidence that your occupation of the premises has been open, notorious (visible), hostile, exclusive and continuous for a period of at least 21 years. For example, mowing alone is probably not enough to establish the claim, but if you put a fence around the property for more than 21 years, it would be much clearer evidence.
As for the borough claiming no interest in the property, why not have the borough quitclaim its interest to you? If the street was properly dedicated to the borough and accepted by the borough, there's a statute that says if it's later abandoned by the municipality, then title reverts to the adjoining property owners to the centerline of the road. I suspect this street was laid out by the founding fathers but never opened up, used, or dedicated, as so often happens.
Your questions encompass about a year of law school, so I definitely recommend you consult with an experienced real estate attorney.
