Merging Property Lots in PA: What Municipalities and Landowners Should Know

A series of recent cases in Pennsylvania are highlighting the impact an enduring statutory zoning mechanism is having on some unsuspecting landowners across the Commonwealth. The following information is meant to educate Pennsylvania landowners and municipalities on Merger Doctrine basics and provides several strategies meant to avoid unwanted complications the Merger Doctrine is likely to create.

Doctrine of Merger of Lots,” or “Merger Doctrine” as it is sometimes called, is a zoning principle, rooted in a preference for municipal efficiency and land conformity, that has emerged from a group of cases interpreting local merger ordinances. The Merger Doctrine can apply where adjacent, undersized lots are, or were at some point, owned by the same person who also may have intended to merge them. In certain municipalities, the nonconforming, undersized, adjacent lots may be deemed to have merged into a single, conforming lot when certain conditions are met…even without the consent of the property owner.

General Rule:

The Merger of Lots Doctrine generally applies in Pennsylvania when the following elements are satisfied:

  1. The local governing body has adopted a merger provision;
  2. Two or more lots adjacent (adjoining) are involved;
  3. At least one of the lots is nonconforming with respect to the dimensional requirements of the applicable zoning code (i.e., undersized lots);
  4. The lots are or were commonly owned after the local government adopted a merger provision;
  5. There is a physical manifestation upon the land of the owner’s intent to merge the lots into one dimensionally conforming lot, or there is a failure on part of the landowner to manifest a clear intent to keep the lots separate.

When all the foregoing items are met, a municipality may consider the lots in question to have merged seemingly spontaneously. However, courts have found that a landowner may oppose a local government’s claim of “automatic” lot merger by negating one of these elements.

Strategies To Prevent Automatic Lot Merger:

1) "Physically" Keep the Properties Separate via trees, shrubs, or fencing – In a 1991 case, the Commonwealth Court held that mere common ownership of adjoining lots does not automatically establish a physical merger of those lots unless the common owner manifested an intent to keep the lots separate and distinct. Then, in a 1998 decision, the Commonwealth Court held that to establish a physical merger, there must be evidence of some overt, unequivocal physical manifestation thereof.

Still, courts may still act unpredictably with an evolving area of law such as the law of merger. To make clear the intent not to merge, a property owner can use physical barriers to keep the adjoining lots separate and distinct, such as trees or a fence. Abstract legal attributes, such as whether the property owner purchased the lots at the same time or whether the properties have separate deeds and separate tax identification numbers, do not suffice.

2) Look For a Merger Provision in the Local Ordinance – Consult your local ordinance to determine whether a merger provision has been adopted. Pennsylvania courts have consistently described the Merger Doctrine as being fundamentally a “creature of statute or ordinance,” not of common law, that only applies where a municipality has legislated a merger clause into the local code (e.g., Loughran v. Valley View Developers, Inc., a 2017 case). There is no merger provision in the Pennsylvania Municipalities Planning Code (MPC), so the provision must be locally enacted.

3) Look To the Timeline And Determine Whether the Lots Were Commonly Owned When the Merger Provision was Adopted – understanding the timing of ownership and the phrasing of the merger provision (if any) may be the key to preventing an automatic lot merger.

4) Check the Zoning History and Avoid Seeking Zoning Relief For a Single Property If, In Fact, Relief is Required For Multiple Lots – Courts have found past treatment of potentially merged property, including zoning applications (whether approved or denied) that refer to multiple lots as a single property, to be evidence of the owner’s intent to merge. See, e.g., in DiCicco v. City of Philadelphia. Of course, this factor would work against a landowner seeking to prove properties have not merged.

Ultimately, a real estate attorney well-versed in the law of merger of lots can provide cost-effective assistance to avoid common pitfalls so that a resolution can be reached as smoothly as possible.

Our law firm has offices in Bucks County and Montgomery County, PA. The Best Lawyers in America recognized 16 of our attorneys for 2023. So, you can count on our firm to deliver experienced representation for any legal issue.

For more information about the Merger Doctrine, contact real estate attorney Sean Livesey at (610) 275-0700.

This information is not legal advice or a substitute for legal representation.

William F. Kerr, Jr. named the Best Lawyers® 2023 Real Estate Litigation Lawyer of the Year in Philadelphia

High Swartz LLP is pleased to announce that real estate attorney William F. Kerr, Jr. has been recognized as the Lawyer of the Year in the Philadelphia Metro region for 2023. Best Lawyers® selects only one attorney in each legal service to represent a city's region. Mr. Kerr represents land developers, property managers, and owners in real estate matters including real estate tax assessments and various transactions.

Although this is his first recognition as Lawyer of the Year, Bill has been included in editions of Best Lawyers® in America since 2018, in multiple categories including Municipal Law. Kerr serves as a Zoning Board Solicitor and special zoning, development, and real estate tax counsel to several southeastern Pennsylvania municipalities. He also provides outside counsel on real estate matters to the Philadelphia International Airport.

Of special importance to Mr. Kerr is his work as a member of Habitat for Humanity of Montgomery and Delaware Counties Board of Directors. Habitat has helped thousands of our region's families build, repair and improve their homes, while assisting them in becoming financially stable.

Additionally, Bill represents numerous Pennsylvania affordable housing developers in various aspects of the affordable housing development process. These include properties financed with Federal Low Income Housing Tax Credits. Bill has been commended for his work with an affordable housing industry group that successfully pursued an amendment to Pennsylvania’s assessment law as it affects affordable housing.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

Sean G. Livesey Joins High Swartz LLP's Real Estate Practice Group

The firm is pleased to announce the addition of Montgomery County real estate attorney Sean G. Livesey to its Norristown law office.

Sean primarily focuses his practice on real estate matters, civil, and commercial litigation. He also has experience in zoning and land development, municipal code enforcement, real estate sales, and leasing.

Previously, Sean was a partner in his family practice in Conshohocken, PA, where he advised Philadelphia area startup companies regarding property acquisitions, business structure, and real estate tax liability. Sean also consulted with Montgomery County businesses to analyze zoning and land development proposals.

"High Swartz's real estate practice group shares my passion for representing developers and property owners while improving our communities in Greater Philadelphia. Joining Montgomery County's oldest law firm is an honor and I'm excited to contribute."

Prior to his private practice work, Sean was an associate at a large Philadelphia law firm’s commercial group where his practice included business litigation, real estate, zoning and land use. He represented real estate developers in Philadelphia, Montgomery County, Bucks County, and Delaware County. Sean also represented landlords in complex, large-scale landlord/tenant disputes.

As an associate at a large law firm in Virginia in 2018, Sean represented the claims administrator for the NFL Concussion Settlement in negotiating agreements with health systems to incorporate professionals into a diagnosing physicians network. Within the scope of the agreements, former players could be diagnosed with such neurodegenerative diseases as CTE, dementia, ALS, and Parkinson's.

Sean earned his J.D. at the University of Richmond's T.C. Williams School of Law while also obtaining his MBA at Richmond's Robins School of Business. After graduating, he served as a Judicial Intern for the Honorable Thomas N. O'Neill. Jr., United States District Judge for the Eastern District of Pennsylvania.

Sean grew up in Montgomery County, PA and enjoys cheering on Philly sports teams with his German shepherd, Zoe, a rescue from Memphis, TN.

17 High Swartz Attorneys Named Main Line Today Top Lawyers for 2021

We are pleased to announce that 17 attorneys have been included in the 2021 Main Line Today Top Lawyers Around the Main Line and Western Suburbs List.

Main Line Today is a Southeastern Pennsylvania regional magazine focusing on the communities of the western suburbs of Philadelphia and surrounding Counties. The Best Lawyers of Chester County, Delaware County and Montgomery County are nominated through peer balloting then vetted through Main Line Today's editorial process.

2021 sees the addition of 3 High Swartz attorneys to the Top Lawyers list. New attorneys include family lawyers Chelsey A. Christiansen and Michael B. Prasad for Divorce and Family Law and Stephen M. Zaffuto for Real Estate Law. Congratulations to all winners!

Below is the full list of High Swartz Top Lawyers from Main Line Today in 2021.

  • Joel D. Rosen - Business Law
  • Kevin Cornish - Civil Litigation
  • Mark Fischer - Civil Litigation
  • Melissa Boyd - Divorce & Family
  • Mary Doherty - Divorce & Family
  • Elizabeth Early - Divorce & Family
  • Chelsey Christiansen - Divorce & Family
  • Michael Prasad - Divorce & Family
  • Thomas Rees - Employment Law
  • James B. Shrimp - Employment Law
  • David Brooman - Municipal Law
  • Gilbert High - Municipal Law
  • William Kerr - Municipal Law
  • Richard Sokorai - Personal Injury
  • Arn Heller - Real Estate Law
  • Stephen Zaffuto - Real Estate Law
  • Thomas Panzer - Workers’ Compensation

If you're looking for lawyers near you in Norristown, Doylestown, and the Greater Philadelphia area, get in touch with our law office. Our attorneys and lawyers are some of the best you'll find to handle all your legal concerns.

Tenants and Bankruptcy

Few events are more frustrating to a landlord than tenants and bankruptcy. The uncertainty of whether the tenant will pay outstanding rent, compensate for utilities and late fees, and leave the property can be infuriating.

Originally acquired as a source of revenue generation, the property now serves as free housing for a delinquent tenant. Despite the seemingly helpless outcome of a bankruptcy filing, a landlord should know there are still options on regaining possession of his property, as well as receiving some payments, even when a tenant declares bankruptcy.

What Happens When a Tenant Declares Bankruptcy?

The bankruptcy begins when the tenant files a Petition in the Bankruptcy Court. Upon the filing of a Petition, any legal proceeding between the landlord and tenant immediately freezes. This abrupt halting of the landlord-tenant dispute, known as the automatic stay, remains in place until either the bankruptcy court permits for it to resume or the bankruptcy proceeding completes.

Even if the landlord has already won a lawsuit, obtained a judgment for possession to reclaim his property, and has coordinated with a local constable to evict a tenant, the automatic stay proibits any further action. The tenant gets to stay until one of the two conditions above occurs.

While the automatic stay remains in place, the landlord should consider his options in conjunction with a real estate attorney. The petition will specify what type, or Chapter, of bankruptcy the tenant has filed. A landlord's options depend on the type of bankruptcy the tenant has filed. In nearly all cases, a residential tenant will file in either Chapter 7 or Chapter 13 bankruptcy.

Tenants and Bankruptcy: Chapter 7

In Chapter 7 bankruptcy, the tenant surrenders his assets to a trustee. The trustee determines which of the tenant's creditors gets paid from those tenant's assets. The trustee generally liquidates the assets and ascertains the compensation each creditor receives.

The trustee pays creditors with secured claims with proceeds from collateral and then pays unsecured claims. As obligations to the landlord under a lease are usually unsecured, landlords typically fail to receive any payment of outstanding rent, late fees, or utilities when a tenant enters Chapter 7 bankruptcy.

The landlord may still get paid, however, if the tenant assumes the lease in bankruptcy. Under the Bankruptcy Code, the tenant must, within 60 days of filing his petition in Chapter 7, indicate whether he intends to either assume or reject the lease.

If the tenant agrees to the lease, he must maintain current rent payments and provide adequate assurance that he will pay all outstanding monies to the landlord within a reasonable amount of time. The tenant, in turn, can stay in the property while he pays the landlord under the terms of the lease.
Should the tenant fail to make such payments or provide the needed assurances, the landlord may file a motion with the Bankruptcy Court for relief from the automatic stay. A real estate lawyer can help you determine when, and if, to file a motion.

If the Bankruptcy Court grants the motion, the automatic stay terminates, and the landlord may return to state court to remove the tenant from the property.

If the tenant rejects the lease, he is no longer obligated to perform under its terms, such as paying rent. The landlord may try to obtain relief of the automatic stay from the Bankruptcy Court if the tenant refuses to vacate the property. After filing the petition, the Bankruptcy Code provides that the tenant rejects the lease if he does not assume it within 60 days.

Tenants and Bankruptcy: Chapter 13

With a Chapter 13 Bankruptcy, the tenant-debtor attempts to restructure his debt and pay his creditors based on a payment plan. This payment plan, which the Bankruptcy Court must approve (or confirm), should include the tenant's proposal on paying the landlord any outstanding rent and costs.

Unsecured creditors, like a landlord, may even receive payment. Unlike a Chapter 7 case, the debtor maintains control over his assets instead of having the trustee liquidate them.

In Chapter 13, the tenant has until the time the Bankruptcy Court judge confirms the payment plan, rather than the 60-day deadline in a Chapter 7 proceeding, to either assume or reject the lease. If the tenant drags his feet and fails to meet his lease obligations while the plan confirmation remains pending, the landlord may ask the Court to confirm the plan sooner or seek relief from the automatic stay.

A tenant may propose to pay the landlord only a fraction of the agreed-upon rent spread over a series of several months while maintaining possession of the property. The landlord, however, may seek relief from the automatic stay to re-obtain the property and seek monetary damages in state court. In the event you would like to seek relief, it’s best to consult with a real estate attorney near you.

Tenants and Bankruptcy: Chapter 11

While individual tenants typically enter bankruptcy under Chapter 7 and 13, some may file under Chapter 11. Typically, business entities file under Chapter 11. In Chapter 11, the tenant-debtor will file a restructuring plan and follow the same deadlines to assume or reject the lease as in a Chapter 13 case.

Like Chapters 7 and 13, the tenant's failure to comply with a lease (such as timely paying rent) provides the landlord a basis to seek relief from the automatic stay. Commercial property tenants filing under Chapter 11 have different deadlines to file a plan of reorganization. They also have separate timelines for assuming or rejecting the lease.

Should I form an LLC for an Investment Property?

So you want to invest in real estate, possibly buying one or more investment properties, but are not certain if you should buy them in your own name, as husband and wife or through some form of legal entity. The decisions you make now regarding the purchasing of the real estate could save you time and money in the future. That's why is pays to speak with a real estate attorney near you.

Should I buy rental properties in my own name or as a corporation?

There are various forms of entity to choose from, sole proprietorship, general partnership, limited partnership, limited liability company (real estate LLC) or corporation (C-corp or S-corp). Initially, it is best not to own investment real estate in your own name or a general partnership. In both cases, the individual owner and each general partner will be personally liable for debts/liabilities arising out of the real estate holding.

It is also preferable, in Pennsylvania, not to hold title in the name of a corporation as selling it triggers additional tax liability and the need for tax clearance certificates, which can delay closing on the sale.

LP or LLC? Which entity is best to purchase a rental property?

Eliminating individual ownership and general partnership essentially leaves you with either an LLC or a limited partnership. An LLC is cheaper and easier to set up and provides the same level of liability protection as a limited partnership as well as the same pass-through tax benefits to the members of the LLC.

A limited partnership requires the creation of a general partner, typically a corporate entity or limited liability company, which remains liable for the debts and liabilities of the limited partnership. The limited partners are shielded from liability. But that necessitates the creation of a limited partnership and a general partner. A limited liability company does the same work, with half the effort.

A real estate attorney can help you decide which is best for you.

Can I transfer the rental property title to the entity after it’s been purchased?

As a preliminary matter, whatever decision you make regarding the title to the property, make your final decision before buying the property. You don’t want to buy it as an individual and then after acquiring it transfer it to an entity you create. Such a scenario can create a double payment of real estate transfer tax, which can be significant depending on where you live. Thirty-eight states, including Pennsylvania, have taxes that are paid for transferring title to real estate.

In Pennsylvania, if you buy property in your own name (and pay the transfer tax on that acquisition) and then transfer it to a company you set up to hold title to the real estate, you have to pay transfer tax a second time. To avoid that, simply choose a form of ownership and stick to it. Check out our past articles on county-specific real estate transfer tax for Philadelphia and Montgomery County, PA.

In summary, many real estate companies take the form of real estate LLC for the reasons noted above. If you need assistance in forming an LLC for an investment property, talk to one of our real estate attorneys. Our law firm serves Bucks and Montgomery counties. Call today: 610.275.0700.

What Can Landlords Collect During the Eviction Moratorium, and What Can They Obtain After it Expires?

Landlords are eager to collect unpaid rent and repossess their property, but with the CDC’s eviction moratorium in place, what can landlords collect, and when?

In May, Pennsylvania Governor Tom Wolf entered an executive order preventing owners of residential properties from evicting their tenants for the tenants’ failure to timely pay their rent. Though renters were never permitted to permanently withhold rent payments, the executive order also permitted renters to delay making month-to-month payments while they navigated the COVID-19 pandemic. Governor Wolf extended the provisions originally set forth in the executive order through July 10, and again through August 31.

However, landlords in Pennsylvania could not resume eviction efforts even after Governor Wolf’s executive order expired on August 31. On September 4, the Center for Disease Control (CDC) entered its own order under Section 361 of the Public Health Service Act which placed a nationwide eviction moratorium on residential tenants effective when tenants submit to their landlords a document known as a “CDC Declaration.” The CDC’s order, which aims to prevent the further spread of COVID-19, will not expire until December 31, 2020.

With the prohibition on evictions lasting throughout the calendar year, landlords are undoubtedly anxious to reclaim possession of their rental properties. And though previously unable to collect owed money due to the Pennsylvania moratorium eviction, many landlords are eager to reclaim unpaid rent needed to pay the mortgages, taxes, and utilities on those rental properties.

So what is a landlord entitled to recover once the eviction moratorium expires?

Landlords can actually seek out monetary judgments at this time—the CDC’s order prohibits landlords from evicting tenants throughout December 31. Both Governor Wolf’s executive Order and the CDC’s order do not eliminate the tenant’s obligation to pay rent (though the Pennsylvania moratorium eviction permitted tenants to delay payments). That said, landlords can collect any monthly payments the tenant agreed to make in the lease, including all back rents and (if applicable) utilities. The CDC eviction moratorium merely prohibits landlords from repossessing their property.

What happens if the tenant cannot pay rent after the eviction moratorium expires?

If the tenant cannot pay his rent, but is still bound to several months’ of rent payments, a prudent landlord should inquire what payment the tenant can make. Landlords and tenants are always free to renegotiate the terms of the lease. Agreements to stagger payments of outstanding debts, such as a structured payment plan, can be viable alternatives to litigation. If litigation ensues, it's best to talk with a real estate lawyer for advice. And, in some cases, agreeing to release a tenant from part or all his lease obligations can be mutually beneficial: the tenant avoids increasing debt from unpaid rent, and the landlord can re-let his property to paying tenants.

What happens if a landlord and a tenant cannot agree on renegotiation of payment?

Under these circumstances, landlords should begin eviction proceedings and would be wise to see the assistance of a real estate attorney.

Not all situations, however, can be resolved. Again, many landlords have gone several months without receiving rent income, and may have no choice but to move on from tenants incapable of meeting their lease commitments. Under these circumstances, landlords should begin eviction proceedings and would be wise to see the assistance of a landlord-tenant attorney. Again, landlords should be mindful that they cannot evict tenants throughout December 31 if the tenant has submitted a CDC Declaration.

What is needed to start the process of tenant eviction?

The first step in an eviction proceeding is the issuance of a “Notice to Quit” letter. The Notice to Quit acts as a formal notification from the landlord to the tenant indicating the landlord’s intent to remove the tenant from the property.

How many days in advance must a Notice to Quit letter be given before eviction?

If the eviction is based on the tenant’s non-payment of rent, the Notice to Quit letter must give the tenant 10 days notice of the eviction. However, a tenant can waive his right to be served with a Notice to Quit, and such a waiver is often contained within the lease.

Can a landlord change the locks or otherwise engage in “self-help” on a tenant who hasn’t paid rent?

Landlords should also know that they cannot engage in self-help to carry out an eviction. This has been the law before the COVID-19 pandemic began, and will continue whether or not the eviction moratorium extends throughout 2021. In other words, in the absence of a court order, landlords cannot change the locks on their property to coerce delinquent tenants to leave, nor can they hire a locksmith to do so. Rather, if the tenant remains in possession of the property after the period detailed in the Notice to Quit, a landlord must obtain an eviction judgment from the relevant court.

How does a landlord get an eviction judgement in Pennsylvania?

Typically, to get that eviction judgment in Pennsylvania, the landlord must file a Complaint with the Magisterial District Court that lies in the same jurisdiction where the rental property is located. That Complaint should request that the Magisterial District Court Judge enter an order for possession in the landlord’s favor as well as a monetary judgment against the tenant for all back rent and court costs. In addition to possession and back rent, the landlord can also request judgment for any new rent that will become due at the time of the hearing, and if the lease permits it, unpaid utilities and attorneys’ fees.

The Court will then schedule a hearing at some later date, at which time the landlord (or the landlord’s attorney) will argue before a Magisterial District Court Judge as to why he is entitled to the relief demanded in the Complaint.

However, the Magisterial District Court will only hear a case when a landlord demands less than $12,000.00 in damages. In light of the protracted eviction moratorium—which will have lasted over eight months by the time the CDC’s order expires on December 31—it is not uncommon for a landlord to claim substantially more than $12,000.00 in back rent, attorneys’ fees, outstanding utility payments, and other potential damages. In this case, the landlord cannot file a Complaint with the Magisterial District Court and instead must look to the local Court of Common Pleas for relief. Cases heard before the Court of Common Pleas can take several months to litigate—much longer than those matters heard in the Magisterial District Court level. That said, a landlord owed a significant balance but more interested in obtaining possession may take advantage of the expedited litigation provided by the Magisterial District Court and agree to cap monetary damages at $12,000.00.

Can a tenant appeal an eviction?

Even if a judge grants an order for possession and other relief in the landlord’s favor, the landlord must wait 10 days before he can file the order for possession. During this 10 day period, the tenant can appeal the judge’s decision. If 10 days pass with no appeal, the landlord can then file and serve the order for possession, but a sheriff or constable will not initiate the eviction until another 10 days after service of the order for possession has passed. During this period, which can last several weeks, if the tenant can come up with enough money to satisfy the monetary judgment and the landlord’s costs in obtaining the order for possession before the constable or sheriff can initiate the eviction, then the tenant may continue to posses the property. (This benefit to the tenant, known as the right to “pay and stay,” is available only when the tenant faces eviction for non-payment of rent.)

Can a landlord evict a tenant for other reasons during the pandemic?

The above information outlines the landlord’s options due to a tenant’s non-payment of rent. The CDC’s order does not prevent landlords from commencing eviction proceedings for other reasons, such as when a tenant engages in criminal activity, destroys property, or otherwise violates provisions in the lease or building code. Under these circumstances, there may be different notice requirements that the landlord must adhere to prior to evicting, and the timeframes set forth in a Notice to Quit are different than in a non-payment of rent matter.

What, exactly, a landlord may recover depends on what he and the tenant agreed to in the lease. An aggrieved landlord should contact a landlord-tenant attorney to review the lease and get a better understanding of what he is entitled to after the eviction moratorium ends.

High Swartz Merges with the Law Offices of Glen-David Schwarzschild, LLC of New Jersey

We are pleased to announce the firm's merger with the Law Offices of Glen-David Schwarzschild, LLC. Glen is a skilled Real Estate attorney and will continue to practice out of the new High Swartz office in Cherry Hill, New Jersey.

Mr. Schwarzschild has an active general commercial law practice, consisting of both transactional and commercial litigation matters. His practice concentrates in the areas of real estate tax appeals, real estate, land use, small business representation, commercial litigation, commercial transactions, and related matters.

Practicing law since 1985, Glen brings to High Swartz an established real estate tax appeal practice both in New Jersey and Pennsylvania. He has successfully represented local, regional and national corporate property owners and national property tax consulting firms, including Fortune 500 companies, national real estate investment trusts, and regional and national property management companies.

“High Swartz reputation in the legal community and its ability to provide me with resources and support will allow me to grow my law practice, and maintain and develop relationships with my current and prospective clients.”, says Mr. Schwarzschild.

Glen earned a Bachelor of Science degree in Accounting with a minor in Business Administration from the University of Delaware in 1979. He obtained his Juris Doctor from Rutgers-Camden School of Law in 1985. He is admitted to practice in federal and state court in New Jersey and in Pennsylvania, and before the United States Supreme Court. Outside of the office, Mr. Schwarzschild looks forward to mentoring business students at the University of Delaware in the Fall semester.

The merger of Mr. Schwarzschild’s practice allows High Swartz to establish a presence in the state of New Jersey. While a number of attorneys at High Swartz are licensed to practice in the state, this will be its first office outside of southeastern Pennsylvania.

Boundary Disputes in Pennsylvania

Boundary disputes between neighbors and their properties are nothing new, and are probably just about as old as the concept of privately-owned real estate.

Disputes between adjoining property owners regarding the location of their common property line can arise from a multitude of different factual situations. The property descriptions contained in some ancient deeds written by a quill pen and ink might have been ambiguous or contained inconsistent information. Or maybe a survey conducted many years later reveals that one neighbor’s fence (or deck, shed, or other structure) encroaches on the other neighbor’s property.

However they begin, these boundary line disputes can escalate quickly and require contacting a real estate attorney. Both neighbors may have some seemingly legitimate claim to title of the disputed area, and emotions often run high when it comes to the ownership of land that has been in the family for generations or for which significant sums of hard-earned money have been paid.

Sometimes all it takes is a conversation and/or a little research and the dispute resolves itself. Other times resolution will not be possible until you engage a real estate attorney and a court issues an order in an action to quiet title or ejectment.

Depending on the specific factual scenario, different legal principles may come into play, including adverse possession and the consentable line doctrine. Adverse possession and consentable line claims can allow a person who does not have legal title to a piece of land to acquire title through occupation of the land for a period of time. The requirements for claims made under these principles differ from state to state, and each case will require the analysis of a number of specific facts about the current and historical use of the property in dispute.

Adverse Possession

In Pennsylvania, a claim for adverse possession requires a claimant to show that it has occupied the land of another for a period of 21 years (or 10 years in certain, specific circumstances) in a manner that is:

  • Actual;
  • Continuous;
  • Exclusive;
  • Visible;
  • Notorious; and
  • Hostile.

These requirements are legal terms of art with specific legal definitions, and will require an in-depth understanding of the law and application of the facts by a real estate attorney. But importantly, title to the property can transfer to a person who continuously occupies and uses a portion of land in a manner hostile to the ownership of the title owner, and who has met all other requirements, for the required time period.

The Consentable Line Doctrine

The consentable line doctrine can be applied to cases where the existence of a boundary line is established by either recognition and acquiescence or dispute and compromise. It also requires a period of at least 21 years, but has much less stringent requirements than adverse possession. A claim based on acquiescence may only require that:

  1. that each party has claimed the land on their side of the line as their own, and
  2. that they have occupied the land on their side of the line for a continuous period of 21 years.

There are also less stringent requirements regarding the ability to satisfy the requirement of continuous occupation for at least 21 years by adding years that the property was used or occupied by prior owners, called “tacking”. In consentable line doctrine cases, the claimant does not need for the property for which they are asserting a claim to have been included in the property description of the deed by which they obtained title to their property, but need only show that the prior owner claimed the property and that the property is contiguous to the property they received by deed.

Whether you may be interested in assessing your own claim based on adverse possession or the consentable line doctrine, or need to evaluate the strength of a potential claim against you, it is vitally important to fully understand the law and assess the facts. It’s best to consult with a real estate attorney avoid issues.

What To Do If You Have a Boundary Dispute?

In many cases, neighbors will have good (or at least respectful) relationships and be able to work out some sort of private agreement between themselves. This is preferable where possible, since it will save significant amounts of time and money and help maintain the peace in the neighborhood.

Even in these cases, it may make sense to consult a real estate attorney for assistance and counsel in drafting or reviewing any agreement, as legal rights and real estate interests can often be complex and nuanced. It is important that the agreement protects you and your rights and interests now and in the future.

However, as stated above there are many cases in which the value of the property interest in dispute is significant enough or the neighbors involved are not able to come to an agreement on their own and litigation ensues.

It is important to engage experienced real estate attorneys with knowledge of the law and procedures involved to successfully enforce or defend your property rights. Contact us at 610-275-0700 to discuss your specific boundary dispute in Pennsylvania. Our law firm has offices in Norristown and Doylestown.

2021 *Updated* Real Estate Tax Appeal Deadlines in Southeastern Pennsylvania

Tax appeal deadlines are approaching for the filing of tax appeals throughout Pennsylvania. Make sure you know when your appeal must be submitted to be considered for the 2021 tax year.

PA County Important Dates

Montgomery County: The official deadline for filing appeals in Montgomery County is August 1 – since that date falls on a Saturday this year, applicants would be advised to submit their application by July 31.

Chester County and Bucks County: Both use the first business day in August as the deadline, which this year will be August 3.

Delaware County has undergone a countywide reassessment for 2021 (read more about that process here) and will allow appeals to be filed until September 1. This deadline was pushed from the original date of August 10 pursuant to an emergency order of the Delaware County Court of Common Pleas.

Philadelphia County: appeals are due no later than the first Monday in October, which falls on October 5.

Deadlines in most other counties throughout Pennsylvania are between August 1 and October 1.

Property assessments - and the tax bills that are calculated from them - are often very difficult for property owners to interpret and fully understand. Assessments are often some percentage of actual fair market value, and determining your property’s actual fair market value can be a bit complex.

A challenge to your property’s assessment is usually best supported for residential properties by evidence such as an appraisal, recent sales data for comparable properties, or other sources of information and support. Several other factors might be considered for commercial or investment properties, like the cost approach or income approach to valuation, each of which can involve compiling significant amounts of data and applying nuanced analysis and legal arguments. Real estate attorney Bill Kerr addresses the questions some commercial property owners may have here.

Our real estate lawyers have years of experience representing property owners in counties all across the state in appeals on properties ranging from single family homes to high-value commercial properties to multi-million dollar affordable or market rate apartment complexes. In many counties, the reduced assessment our attorneys are able to achieve will remain in place for many years, resulting in savings year after year.

We recommend consulting with a tax assessment attorney to discuss your property’s value and analyze the potential to realize significant tax savings by filing an assessment appeal. Call 610.275.0700 or email wkerr@highswartz.com.