Glenn v. Shuey
| Decision Date | 31 July 1991 |
| Citation | 407 Pa.Super. 213,595 A.2d 606 |
| Parties | H. Parker GLENN v. Ronald L. SHUEY and Holly F. Shuey, Appellants. |
| Court | Pennsylvania Superior Court |
Louis T. Glantz, State College, for appellee.
Before CIRILLO, MONTEMURO and HESTER, JJ.
Ronald and Holly Shuey ("the Shueys") 1 appeal from the judgment entered in the Court of Common Pleas of Centre County following appellee H. Parker Glenn's action in ejectment. We affirm.
This appeal arises from a dispute concerning the boundary between two parcels of real estate situated in Howard Township, Centre County. See appendix. Both parcels ("parcel A" and "parcel B") were at one time owned by Ronald Curtin. On January 18, 1833, Curtin conveyed what eventually became the Shueys' property, parcel B, to Michael Leyman by a deed recorded in Centre County deed book K, page 397. On March 25, 1842, Curtin conveyed parcel A to John Leathers by a deed recorded in Centre County deed book N, page 422.
The Shueys are owners of parcel B by virtue of a deed dated July 12, 1967, and recorded July 13, 1967 in Centre County deed book 294, page 596. Glenn's sources of title in parcel A are two deeds, one recorded July 5, 1957 in deed book 238, page 389, by which he became the owner of one-half interest, and the other recorded in deed book 247, page 257 on June 18, 1959, which vested title to the remaining one-half interest.
During 1987, a survey of parcel B was performed by Fred Henry on behalf of the Shueys. Subsequent to Henry's survey, Glenn employed Kerry H. Uhler and Associates for the purpose of surveying parcel A. The Uhler survey located the boundary line between parcels A and B as passing within a few feet west of the Shueys' home. In contrast, the Henry survey located that line as passing 25 feet west of the line as determined by the Uhler survey. See appendix, disputed tract.
Until the completion of the Henry Survey in May, 1987, the Shueys' use of the disputed tract was limited to a twelve-foot wide gravel driveway passing along the western edge of the Shueys' home and ending at the rear of the Shueys' porch. The driveway extends from the rear of the Shuey home to the township road. Subsequent to the Henry survey, the Shueys placed a rope barrier along the line which they claimed to be the proper boundary between their property and that of Glenn. The Shueys also placed a large propane tank in the disputed tract at the southern end of the driveway. Prior to the placement of the barrier, the entire disputed tract, with the exception of the gravel driveway, was used exclusively by Glenn. Glenn's use of the disputed area included, 1) mowing the grass strip between the gravel driveway and the property line as claimed by Glenn, 2) the maintenance of various shrubs, grapevines and berry bushes in the disputed tract south of the end of the driveway, and 3) mowing and/or cutting grass in the disputed tract including cutting hay for livestock.
Glenn commenced an action in ejectment in the Court of Common Pleas of Centre County, alleging that the Shueys' actions deprived him of a portion of property to which he possessed legal title by virtue of In their answer and new matter, the Shueys disputed the accuracy of the Uhler survey and alleged that all of their activity, including the erection of the rope barrier, transpired upon their own property as depicted by the Henry survey. The Shueys claimed ownership of the disputed property by virtue of their deed. Alternatively, the Shueys averred that they and their predecessors in title had used and maintained the driveway running along the western edge of the Shuey home for a period in excess of 21 years. Similarly, the Shueys maintained that they and their predecessors were in open, visible and notorious possession of the driveway and the entire parcel as depicted by the Henry survey for a period in excess of 21 years. Consequently, the Shueys claimed legal title to the disputed area by virtue of adverse possession.
deeds dated October 30, 1956 and June 18, 1959. Glenn's complaint also averred that he and his predecessors in title were in open, visible and notorious possession of the disputed area since January 30, 1923, for a period of over 65 years.
The case proceeded to a non-jury trial, the Honorable David E. Grine presiding. In his first opinion and order, filed July 25, 1989, Judge Grine determined that the Uhler survey correctly determined the boundary between parcel A and parcel B. 2 Consequently, the court held that the line between the properties passed within a few feet west of the Shueys' home and therefore Glenn possessed legal title to the majority of the gravel driveway. In addition to establishing title by survey to within a few feet of the Shueys' home, the court opined that Glenn established title to the western edge of the Shueys' driveway by adverse possession as he exercised exclusive, visible and notorious control over the tract for a period of 21 years.
The trial court further held that because the Shueys had occupied their own property for a period of 20 years and 11 months as of the time of Glenn's ejectment action, they failed to establish ownership rights in the disputed tract by adverse possession. The court rejected the Shueys' allegation that they established the requisite 21 year period for acquiring title by adverse possession by tacking on their predecessor's possession of the disputed tract. 3
The trial court reasoned that the Shueys could not satisfy the requirements of section 72 by tacking because: 1) no relationship existed between the Shueys and their predecessor; 2) the predecessor had not claimed title to the disputed property; and 3) the deed conveying title to the Shueys made no reference to the disputed tract.
The Shueys' motion for post-trial relief was denied, and the trial court entered an opinion and order on September 26, 1989. On September 28, 1989, counsel for the Shueys sent Judge Grine a letter requesting that the court reconsider its order denying post-trial relief. Subsequently, on October 10, 1989, the court filed an amended opinion and order denying the Shueys' motion for post-trial relief. 4
The Shueys present the following issues for our consideration:
1) Did appellants [the Shueys] establish ownership of a driveway adjacent to their home by adverse possession?
2) Can appellants [the Shueys] tack their period of adverse possession and use of the driveway onto periods of adverse possession and use of the same by their predecessors in title?
Since the Shueys' issues are intertwined, we combine them for purposes of discussion.
At the outset, we note that "the factual findings of a trial court sitting without a jury carry the same weight as a jury verdict, and we will not disturb those findings on appeal absent an error of law or abuse of discretion." Arcadia Co., Inc. v. Peles, 395 Pa.Super. 203, 207-208, 576 A.2d 1114, 1116 (1990) (citing Pato v. Cernuska, 342 Pa.Super. 609, 612, 493 A.2d 758, 759 (1985)); see also Bigham v. Wenschhof, 295 Pa.Super. 146, 148, 441 A.2d 391, 392 (1982).
It is well settled that a party claiming title to real property by adverse possession must affirmatively prove that he or she had "actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of the land for twenty-one years." Conneaut Lake Park, Inc. v. Klingensmith, 362 Pa. 592, 594-95, 66 A.2d 828, 829 (1949) (citing Parks v. Pennsylvania R.R. Co., 301 Pa. 475, 152 A. 682 (1930)); see also Klos v. Molenda, 355 Pa.Super. 399, 513 A.2d 490 (1986); Tioga Coal Co. v. Supermarkets General Corp., 289 Pa.Super. 344, 433 A.2d 483 (1981), alloc. denied, 500 Pa. 555, 458 A.2d 1355 (1983). Each of these elements must exist, otherwise the possession will not confer title. Conneaut Lake, 362 Pa. at 594-595, 66 A.2d at 829. "An adverse possessor must intend to hold the land for himself, and that intention must be made manifest by his acts ... He must keep his flag flying and present a hostile front to all adverse pretensions." Klos, 355 Pa.Super. at 402, 513 A.2d at 492 (citations and quotations omitted).
Broadly speaking, "actual possession" of land is dominion over the land; it is not equivalent to occupancy. Reed v. Wolyniec, 323 Pa.Super. 550, 471 A.2d 80 (1983); Burns v. Mitchell, 252 Pa.Super. 257, 381 A.2d 487 (1977) (en banc) (plaintiff who had occupied defendant's land and The words "visible and notorious possession," as applied to the adverse holding of land by a party without color of title, mean that the claim of ownership must by evidenced by conduct sufficient to place a reasonable person on notice that his or her land is being held by the claimant as his own. Sterner v. Freed, 391 Pa.Super. 254, 570 A.2d 1079 (1990) (); 3 Am Jur.2d § 69, at 165-166.
maintained lawn up to fence for more than 21 years established title by adverse possession); C.J.S., Adverse Possession §§ 30, 42. There is no fixed rule, however, by which the actual possession of real property by an adverse claimant may be determined in all cases. 3 Am Jur.2d § 18, at 109. The determination of what constitutes actual possession of property for purposes of adverse possession depends on the facts of each case, and to a large extent on the character of the premises. Id. 5
To constitute distinct and exclusive possession for purposes of establishing title to real property by adverse possession, the claimant's possession need not be absolutely exclusive. Reed, supra. Rather, it need only be a type of possession which would characterize an owner's use. For example, in Reed, the appellees, Robert and Audrey Reed, asserted title by adverse possession to a lot adjacent to their residence. The Reeds had maintained the lot by cutting the lawn...
To continue reading
Request your trial
-
Zeglin v. Gahagen
...to the view of a majority of jurisdictions as embodied in the reasoning of President Judge Coffroth. See Glenn v. Shuey, 407 Pa.Super. 213, 225, 595 A.2d 606, 612 (1991); Wittig v. Carlacci, 370 Pa.Super. 584, 589-90, 537 A.2d 29, 32 (1988); Plott, 377 Pa.Super. at 596,547 A.2d at 1222; Cas......
-
Brennan v. Manchester Crossings, Inc.
...presented by [appellants] as to [appellants'] activities on the property. Appellants' Brief, pp. 1-2. The case of Glenn v. Shuey, 407 Pa.Super. 213, 595 A.2d 606 (1991) thoroughly sets forth the standard of review to be applied today and the substantive law of adverse possession, as follows......
-
Francis v. Francis
...1995). In general, however, actual possession of land means dominion over the property; it is not the equivalent of occupancy. Glenn v. Shuey, [ ] 595 A.2d 606 ([Pa. 1991). Thus, the trial court must determine which party exercised dominion and control over the property before determining w......
-
Watkins v. Watkins
...will" or "hostility," but implies an assertion of ownership rights adverse to that of the true owner and all others. Glenn v. Shuey, 407 Pa.Super. 213, 595 A.2d 606 (1991). If all of the elements of adverse possession other than hostility are established, the element of hostility is implied......