Neighbor Dismisses Lawsuit for Adverse Possession

The Challenge

Shortly after construction began, the owner of a neighboring property filed a lawsuit claiming ownership rights to the vacant lot through adverse possession based upon alleged long-term use and maintenance of the property.

As a result of the litigation, the client was forced to halt construction activities while defending against the claim.

The matter involved detailed factual and legal analysis concerning Pennsylvania adverse possession requirements, including continuous and exclusive use of the property over an extended period of time.

The Solution

Nochumson P.C. aggressively defended the adverse possession lawsuit and pursued extensive discovery against the neighboring property owner.

During the litigation process, the firm worked to pressure the claimant to produce evidence supporting her allegations and ultimately conducted a deposition revealing inconsistencies in her testimony and a lack of supporting documentation.

The discovery process significantly weakened the adverse possession claim and positioned the matter for resolution.

Under Pennsylvania law, adverse possession claims generally require proof of continuous, visible, exclusive, and hostile possession of property for a legally prescribed period of time.

The Results

The neighboring property owner ultimately agreed to relinquish the adverse possession claim and discontinue the litigation in exchange for a nominal payment.

Following dismissal of the lawsuit, the client resumed construction of the single-family home and later sold the completed property for a significant profit.