State College, PA asked in Estate Planning for Pennsylvania

Q: My parents transfered the deed to a vacation home to their children. Can it be sold even if the parent still use it?

Deed transfered many years ago during estate planning. Do "squatter rights" exist for their part-time usage of property or can it be sold without their "permission?"

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: If the parents conveyed the home to their children completely and if the children all agree, then yes, the home can be sold. However, I would check the deed carefully. Are you certain that the parents did not retain a life estate? If so, then the home cannot be sold unless the parents are also in agreement.

Check with the recorder/register of deeds in the county where the land is located. Many counties are online and you may be able to search for free if so.

Look at the headings of grantors and grantees. Your parents' name should be listed as the grantors. Who is the grantees? All of the children? Or does it say all of the children, with lifetime rights to the parents?

As an aside, if the children all own it, it would be kind of bad if the children sold the home without the parent's knowledge and consent.

There is no such thing as "squatter" rights here. You mean adverse possession. To have adverse possession by your parents, their continued use would have to be without the permission and consent of the owners. I assume that the property was transferred for estate planning purposes but that everyone understood this property was still the parents to use as they pleased.

Also, I don't know if occasional vacation use would meet the other elements of adverse possession. To attain title by adverse possession, the use has to be continuous, open, hostile (i.e. non-permissive and non-consensual) for a period of 20 years. I don't see how these elements are met since the parents have been using it with consent.

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