Survey vs. Quiet Title: Which Is the Right Fix for a Title Discrepancy in Pennsylvania? | Pennsylvania Probate | FastCounsel
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Survey vs. Quiet Title: Which Is the Right Fix for a Title Discrepancy in Pennsylvania?

How do I decide between a survey and a quiet title action to resolve a title discrepancy? - Pennsylvania

The Short Answer

A survey can help you identify where the boundary likely is on the ground, but it usually does not change what the public records say or bind a neighbor who disagrees. If the discrepancy is a true “cloud on title” (conflicting deeds, missing heirs, adverse possession claims, or a dispute that affects marketable title), you typically need a court order—often through a quiet title action—to permanently resolve it.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: If your issue involves a defective or negligent survey, Pennsylvania has a specific limitations framework for claims against surveyors. Under 42 Pa.C.S. § 5537, actions for damages tied to land surveying errors have an outside 12-year limit (with additional timing rules tied to discovery).
  • Burden of Proof: A quiet title case can turn on deed interpretation, historical boundary evidence, possession history, tax records, and witness testimony—especially if a neighbor claims ownership by long-term use.
  • Exceptions: Adverse possession and boundary disputes can involve exceptions and fact-specific defenses (for example, whether the use was truly “hostile,” whether the claimed area qualifies under the statute, or whether other recorded interests like easements or mortgages complicate the remedy).

Trying to handle this alone can lead to a result that still cannot be insured by a title company, cannot be recorded cleanly, or triggers a neighbor dispute that becomes far more expensive later. An attorney can quickly assess whether a survey is enough for negotiation and documentation—or whether you need a court judgment to truly clear title.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.