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Pennsylvania's adverse possession statute requires occupation for:

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Question & Answer

Review the question and all answer choices

A

10 years

A 10-year adverse possession period applies in states like California and Texas, not Pennsylvania; Pennsylvania's legislature has deliberately maintained the longer 21-year common law tradition.

B

15 years

A 15-year period is used in states such as New York and Virginia, but Pennsylvania has never adopted this intermediate timeframe and continues to require the full 21 years under its statute.

C

21 years

Correct Answer
D

30 years

No U.S. state currently requires a 30-year adverse possession period; this option is a distractor designed to test whether candidates know the correct figure without confusing it with other long-term legal timeframes.

Why is this correct?

Pennsylvania's adverse possession statute, codified under 42 Pa. C.S. § 5530, explicitly requires 21 years of continuous, open, notorious, hostile, and exclusive possession before a claimant can petition a court to quiet title in their favor. This 21-year period is a direct inheritance from English common law's Statute of Limitations of 1623, which Pennsylvania retained long after most other states shortened their periods. All five elements — continuous, open, notorious, hostile, and exclusive — must be satisfied for the entire 21-year duration without interruption.

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