Adverse possession is a legal tactic that enables an individual or organization to gain possession of privately-owned land if that individual or organization has been actively using that piece of land for over 21 years. On September 6, 2024, a new state law, 53 Pa. C.S.A. § 1143, went into effect that shortens this period to 10 years for gardens in Philadelphia, as long as certain requirements are met.
What do I need to do to acquire a garden lot through adverse possession?
The legal requirements of adverse possession require an individual or organization to essentially squat on a parcel of land for a certain amount of time. The requirements vary by state, but most states require the use to be:
- Continuous: you have been on the land continuously for the statutory period (twenty-one years in Pennsylvania; ten years for certain cases in Philadelphia)
- Actual: you have control over the land
- Exclusive: your use of the land is as the owner would use it—a use in line with the character of the land to the exclusion of others
- Open & Notorious: you are not concealing your use of the land, enabling the actual owner to see that another is using the property
- Hostile: you do not have permission from the owner to use the land. For the statutory period to start, or for the clock to start ticking on your claim, you cannot be gardening with the permission of the property owner. Therefore, short-term agreements with the owner for gardening will not help an adverse possession claim.
Each of these elements must be satisfied throughout the required statutory period. The squatter cannot abandon the property once he/she begins to adversely possess it.
What does “statutory period” mean?
The statutory period is the length of time that the above requirements must be fulfilled in order for an adverse possession claim to work. It is one of the biggest challenges to gaining land ownership through adverse possession in Philadelphia, because the statutory period in Pennsylvania generally is 21 years. However, that statutory period has been reduced in certain specific cases in Philadelphia, including for gardens. Thus, to acquire a garden lot through adverse possession, you need to be gardening continuously, on the same plot, to the exclusion of others, and without the permission of the owner, for the entire statutory period.
How do I know if I meet the requirements to reduce the statutory period to 10 years for my garden?
The new law allows Philadelphians to more easily claim legal ownership of abandoned vacant lots that they have maintained as gardens after 10 years of occupation, 5 of which must be as a garden. To bring an adverse possession case under the new law, you – an individual, group of individuals, or a nonprofit organization – must be a resident of Philadelphia who has had actual, continuous, exclusive, open, notorious, and hostile possession of the land for at least 10 years. At the time of filing for adverse possession, you must be maintaining the land as a garden and have done so for at least 5 years. You must also provide simple plans for managing work and paying taxes.
In addition, the land must:
- Be located in Philadelphia
- Not exceed half-acre
- Be privately owned (not owned by government, Land Bank, PHA, etc.)
- Have no permanent structures (no houses or buildings that need to be removed with demolition permit; fences, arbors, gazebos, sheds, etc. are fine)
- Have natural or planted vegetation (grown for personal or group consumption, donation, or for sale that is incidental in nature; nothing that is regulated or prohibited by Federal Law)
What are the pros and cons of pursuing adverse possession?
While adverse possession can be a helpful tactic for individuals or groups using otherwise vacant land for many years, it is a complicated process usually requiring a lawyer.
Pros
Clear and defined path to land tenureMay be less expensive than buying property- A solution in cities with abundant vacant land, where no policy has prevented the land from continuing to exist unused
Cons
- Adverse possession claims, or “quiet title actions” take time and resources. For example, those seeking adverse possession under the new 10 year law must provide notice and wait one year before they even begin to prove they meet the statutory elements of the law.
- Gaining title through adverse possession does not rid you of the burden of unpaid debt, such as taxes or liens on the property that may have existed for decades on the property.
- The user must garden without the permission of the landowner for the statutory period to start, so short-term agreements with the owner do not help an adverse possession claim.
- Users must fulfill many elements for a long period of time.
Anything else I need to know?
Given the long statutory period for an adverse possession claim, this tool is not likely helpful for recently started gardens. However, if you have been gardening for years on a property that is privately-owned (often by an absentee or deceased property owner), then adverse possession is a more viable tool. In this case, it is essential that you ensure your adverse possession claim will not result in your garden taking on the burden of years of unpaid tax debt or liens.
Think you could gain legal ownership of your garden through adverse possession ?
Check if your land has debt associated with it here.
New Jerusalem: An Example of Adverse Possession in Action
By filing an adverse possession lawsuit and working with city agencies, the Public Interest Law Center’s Garden Justice Legal Initiative helped a community garden and addiction recovery center in North Philadelphia secure possession of plots they had tended for decades.
New Jerusalem, located on the west side of North Philadelphia, is a residential addiction recovery community run by Medical Mission Sisters. In the 1990s, the non-denominational organization took over vacant lots and turned them into fruit and vegetable gardens. The gardens serve as a local and fresh food source for the community as well as meditation spaces for the Sisters and people in recovery.
In March 2018, we filed a successful adverse possession lawsuit that helped New Jerusalem obtain the deeds to two privately owned lots, with the help of pro bono counsel Morgan Lewis.
Credit: STEVEN M. FALK / S (Philadelphia Inquirer)
Think you may want to pursue an adverse possession claim? Contact the Garden Justice Legal Initiative here.
This document is meant to be a living document of resources and recommendations for those growing food for themselves, their neighbors or others. If you would like to add a resource to this page, or if you see something on this page that appears to be inaccurate, please contact Jonathan McJunkin.