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.
What Pennsylvania Law Says
In Pennsylvania, a title discrepancy can be purely factual (where the line is located) or legal (who owns the disputed strip and what the recorded title actually conveys). A survey is evidence that may clarify measurements and monument locations, but it does not, by itself, adjudicate ownership. When ownership is contested—especially where someone is claiming ownership through long-term possession—Pennsylvania law requires a quiet title action to obtain a judgment that can clear title and be recorded.
The Statute
The primary law governing this issue is 42 Pa.C.S. § 5527.1.
This statute establishes that a person seeking to obtain title to certain real property by adverse possession after at least 10 years must commence a quiet title action and provide the required notice, meaning a court case is the mechanism to convert a possession-based claim into record title.
If your situation involves an inherited property (common in probate) and the “discrepancy” is tied to missing conveyances, unclear ownership interests, or heirs who were never properly addressed, a quiet title case may be necessary to make the title insurable and saleable. For more background, see What does it take to file a quiet title action to clear a cloud on title in Pennsylvania? and Do I need a quiet title action to finalize an inherited property transfer in Pennsylvania?.
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.
Get Connected with a Pennsylvania Attorney
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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.