Tarabori, D. v. Fisher, L.
1721 WDA 2015
| Pa. Super. Ct. | Oct 27, 2016Background
- Denise Tarabori owns 36 School Street, Galeton, PA, by deeds from 2005 and 2007; those deeds did not describe the disputed parking area across School Street.
- The parking area on the south side of School Street was originally owned by Atlantic Richfield; Tarabori’s father (Harry) entered and used/improved it in the 1950s–1960s (adding fill, planting evergreens, maintaining and posting signs).
- The family used and maintained the parking area continuously and openly for decades; Tarabori herself ceased full-time residence circa 1974 but continued intermittent use.
- Fisher acquired the Atlantic Richfield property (including the parking area) in 2004 and later leased it to Kelley, who attempted to block Tarabori’s use.
- Tarabori sued to quiet title claiming adverse possession of the parking area; the trial court quieted title in her favor after finding adverse possession/tacking to the family’s long use.
- The Superior Court reversed, holding tacking was improper because no deed in Tarabori’s chain described the disputed tract, so she could not reach the 21-year statutory adverse-possession period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tarabori could quiet title by adverse possession by tacking her predecessors’ possession | Tarabori argued family use over decades could be tacked to her possession to satisfy the 21-year requirement | Defendants argued tacking requires privity shown by a conveyance describing the disputed land; deeds here did not include the parking area so no privity/tacking | Court held tacking not permitted because no deed in the chain conveyed or described the disputed parcel; without tacking Tarabori cannot prove 21 years, so judgment for Tarabori reversed |
Key Cases Cited
- Baylor v. Soska, 658 A.2d 743 (Pa. 1995) (privity/tacking requires the predecessor’s deed to describe the disputed land so adverse possession can be passed to a grantee)
- Northern Forests II, Inc. v. Keta Realty Co., 130 A.3d 19 (Pa. Super. 2015) (elements of adverse possession and tacking principles)
- Zeglin v. Gahagen, 812 A.2d 558 (Pa. 2002) (recognizing Baylor’s limitation on tacking based on extrinsic acts or circumstances)
- Wolfe v. Porter, 592 A.2d 716 (Pa. Super. 1991) (grantee cannot tack grantor’s possession when grantor did not convey such land; limited exception where circumstances or deed infer intent to convey more land)