Appeal from the Judgment of the Court of Common Pleas, Civil Division, of Luzerne County at No. 741-C of 1980.
Ronald V. Santora, Wilkes-Barre, for appellants.
Mark A. Peleak, Kingston, for appellees.
Cavanaugh, Wickersham and Roberts, JJ.
[ 357 Pa. Super. Page 188]
The present litigation was initiated to determine ownership of approximately 3.8 acres of unimproved land (parcel C) situated in Wilkes-Barre, Pennsylvania. Parcel C shares its eastern bound with a 50' X 100' rectangular lot (parcel B) and a 76/100 acre triangular plot of land (parcel A). See
[ 357 Pa. Super. Page 189]
Appendix. It is undisputed that parcels A and B are owned and occupied by John and Hazel*fn1 Castronuovo.
This appeal is before our court from the verdict of the Court of Common Pleas of Luzerne County granting Hazel and John Castronuovo quiet title to parcel C by adverse possession. Appellants present the following issue for our review:
Whether the Lower Court committed an error of law in finding that the Appellees acquired title to the land in question by adverse possession absent any purported conveyance of the same by Appellees' predecessor.
Brief for Appellants at 3. For reasons stated herein, we reverse.
By deed of Albert Lewis, dated February 16, 1916, and recorded in Luzerne County Deed Book 507, page 544, William MacNeal acquired title to a triangular parcel of land containing approximately seventy-six one-hundredths (76/100) acres of land (parcel A). See Appendix. Shortly thereafter, MacNeal built a house on parcel A where he, his wife, and daughter (appellee herein) lived. In, or around, 1939, MacNeal erected what are referred to as a "barn" and "candy stand" outside the boundaries of parcel A. MacNeal used and occupied the land immediately surrounding the structures under a claim of right.
On July 1, 1940, by deed recorded in Luzerne County Deed Book 798, page 193, William MacNeal conveyed parcel A to Michael Donahue. Donahue apparently deeded parcel A back to MacNeal the same day recorded in Luzerne County Deed Book 798, page 194. MacNeal ...