I am looking for some insight on a project I have been working on. One of the listed adjoiners for a property I am working on has no deed reference listed in the local assessment office. On the property assessment card it is listed as an unseated piece of ground and the assessment from 1937 is with the current tax card .There is a current property owner listed who is paying taxes. The tax maps have it drawn in but without a deed reference, who is to say that it is correct. I searched through old assessment records and this property begins to show up in 1937 as an unseated piece of ground and is listed that way until 1956. I looked at who owned the property in 1937 and searched their name in the Grantor/Grantee indexes and came up with nothing. I researched the adjoining property to this property back to the warrant because I felt that this property came out of that warrant. I searched more and never found an out sale from the warrant for this property. At this point in time, I am stumped. I am wondering if this might have been an unrecorded deed. Any advice on other avenues to look into would be appreciated
21 year Adverse Possession consideration.
Is there any evidence on site that there is a conflict between it and the parcel you are working on? Maybe the adjoining landowner can provide some insight.
The indication on the tax records as unseated land, most likely means it was never patented. If so it is still owned by the Commonwealth and therefore cannot be adverse possessed.
You need to follow up on all adjacent Patents with the PA Archives. If it is found by them to be unpatented a Warrant can be requested for it, then it can be surveyed and assessed. I was involved with such a piece of land in the 1970's and have the original of the Patent in my possession. It was a gore between two Patents and I have copies of three ancient adjacent Warrant Surveys that surrounded it. My father obtained the Warrant, had it surveyed, purchased it and received a frame able Patent signed and sealed (emblazoned) by the Governor. He then sold it to the buyer of one of the parcels, all to clear up title.
Before the Commonwealth had that surveyed land appraised it was offered to various State Agencies, who declined to acquire it. The PA Game Commission had title to the third patented tract I have the warrant map for as State Game Lands and decided it was too small and remote from their large tract to be a worthwhile addition to the Game Lands, even at no cost to them. Today that would not be the case as the Game Commission would now swap such a small piece of remote land to a developer for a larger tract adjacent to existing Game Lands.
With a tenant on the land things are more complicated, the State might elect to offer it to him for a fee and/or back rents.
It was an educational experience for me but can be expensive, especially if the land cannot be acquired.
"Unseated Land, Occupied by Joe Schmoe" might be appropriate and less time consuming.
Paul in PA
