Quote:
Originally Posted by PHL10
This thing unclear to me is that if Galdo ultimately wins, does he get that entire lot? It’s not like it’s a rowhome lot or something or that his “improvements” cover the majority of the lot. Someone improving a small lot adjacent to their home is an entirely different scenario where his improvements across the street front several houses (that he doesn’t own). Further, I’m sure the value of the lot must be at least a couple million. Can you really put a lawn chair on the corner of a football field and then you can claim the whole football field 20 years later?
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FWIW, the last I've heard of the case is the PA Supreme Court ruling in September 2019 that there
could be an adverse possession claim made against the city (
https://law.justia.com/cases/pennsyl...-eap-2018.html).
On your question, I just checked the Commonwealth Court opinion and they describe it as: "Between the streets of Lee, Front, Wildey, and Girard Avenue in Philadelphia is a rectangular lot of undeveloped land (Property) that is the subject of the instant appeal." The PA Supreme Court describes it as: "The record establishes that the property at issue in this appeal is a rectangular lot of undeveloped land located at 1101-1119 N. Front Street in Philadelphia (hereinafter, “the Parcel”)." So just going off those and the fact that the northern end of the lot is roughly across the street from 1119 N. Lee Street, I'm guessing it is in fact that entire piece of land which is at issue in the case.
In your lawn chair example, I would imagine your claim would be limited to the area of the football field you actually used on a regular basis - you can't claim the rest of the field if you didn't regularly use it. I'm not sure to what basis he regularly used the rest of this field, though. But I will note that adverse possession, while... unique, to the say the least, has a good reason to exist: We want to encourage productive and efficient usage of land, and make sure that it isn't just abandoned (or if it is, that it ends up with someone better). 21 years is such a comically long time that it hardly ever happens in practice, though (but I did have an essay question about it when I took the bar exam
).
Edit: Should have checked further, but he won his case in the Court of Common Pleas in January 2020 and doesn't look like the city appealed.