the land, erecting buildings, enclosing it with a fence (Hughes v. Pickering, 14 Pa. 297). No particular acts, however, are necessary to establish actual possession but there must be some positive act inconsistent with the right of the real owner.

16. Possession Must be Continuous. Tacking Interests.

In order to ripen into a legal title the possession must be continuous and uninterrupted (Pederick v. Searle, 5 S. & R. 236; Duffy v. Duffy, 20 Superior Ct. 25). No single act of trespass or a series of occasional journeys to the land are sufficient, the occupation must be continuous. In Stephens v. Leach, 19 Pa. 262, it was said, "A man endeavoring to gain a title by adverse possession is bound to continue a positive appearance of ownership by treating the property as his own and holding it within his exclusive control.

17. Tacking Interests.

The continuous possession for twenty-one years need not necessarily be by one person. It may be by several persons provided the one derives his actual possession from the other. Thus, when A entered upon land, improved it and after staying a few years gave up his improvements and possession to B who stayed nineteen more years before an action was commenced by the owner to eject him, it was held that the twenty-one years must be counted from A's occupation (Hughes v. Pickering, 14 Pa. 297). This is called technically "tacking interests." But it must be remembered that for the interests of such trespassers to be "tacked" the one must derive his possession from the other (Moore v. Collishaw, 10 Pa. 224).

18. Possession Must be Visible and Notorious.

Of course a secret occupation or claim of right could not be guarded against. Hence the law requires that the possession must be visible and notorious (Schrack v. Zubler, 34 Pa. 38).

19. Possession Must Be Hostile.

This means the possession must be adverse to the owner. The stranger's title must be hostile to the owner's and not subordinate to it, e. g. If the owner should permit a friend to occupy the premises without fixing a term for such occupation even though such occupation were continued for fifty years no title

could be acquired against the owner, for occupant claims his possession not adverse or hostile to but subordinate to the owner. Otherwise, anyone whom the owner let into possession might obtain title upon mere failure of the owner to eject him in twenty-one years. Therefore, the hostility is an important essential. He who is in possession must claim against the whole world continuously and aggressively (Stephens v. Leach, 19 Pa. 262). As long as one claims under the owner, title by adverse possession can never be acquired.

20. Against Whom Title by Adverse Possession May Be Acquired. Title by adverse possession cannot be acquired against the Commonwealth or a municipality (McGuire v. Wilkes-Barre, 36 Superior Ct. 418) nor against anyone with whom the claimant occupies in privity as for example: Tenant and Landlord, Vendor and Vendee (Connor v. Bell, 152 Pa. 444; Hads v. Tiernan, 213 Pa. 44), Tenants in Common (Hayes' Appeal, 123 Pa. 110), Trustees and Cestui que Trust (Scott v. Gallagher, 14 S. & R. 333), Husband and Wife (Husband and Wife, Collins v. Lynch, 157 Pa. 246). As against the Commonwealth, title by adverse possession can never be acquired, as against the others; it can only be acquired by the party in possession under the relation expressly, openly and notoriously avowing that he holds possession not by virtue of the relation but adversely to it. The twenty-one years will not run until the respective relation is broken by such open hostile and notorious avowal of breach of the relation.

21. How Adverse Possession May Be Averted.

from the time an

In general the statute may be said to run action in ejectment might have been begun. The best way to defeat the running of the statute is to commence an action of ejectment against the occupant. Mere notice of title by the one out of possession to the person in position will not prevent the running of the statute (McCombs v. Rowan, 59 Pa. 414).

Neither will a clandestine re-entry (id.); but actual expulsion of the occupant and a physical resumption of possession will arrest the statute; but care must be taken in pursuing this remedy lest the owner make himself liable for indictment for forcible entry (Comm. v. Schaffer, 32 Pa. Superior Ct. 382).

SECTION 3.

NATURE OF TITLE ACQUIRED.

22. Title So Acquired is Perfect and Good.

ACT OF 1901.

Up until the expiration of the twenty-one years the inchoate title which the claimant may have can be lost by abandonment of the title; but after the expiration of twenty-one years there is vested in the claimant an indefeasible title in fee simple and subsequent neglect to keep up possession cannot confer any equity upon the purchaser of the outstanding paper title which the statute barred (Shall v. Williams Valley R. R. Co., 35 Pa. 191), but recently the rule had been modified as to certain parties by the Act of May 31, 1901, as noted in the next paragraph.

23. But Must Be Recorded if Owner Remove.

By the Act of May 31, 1901, P. L. 352, it is now provided that the acquired title by adverse possession may be recorded and where the claimant leaves possession he must record it in six months after his removal; else it will not be good as against a bona fide purchaser or mortgagee without notice, of the holder of the paper title. This act prescribes the form and method of recording. The form of deed for recording title by adverse possession is as follows:

FORM OF CLAIM OF TITLE ACQUIRED BY ADVERSE POSSESSION TO BE RECORDED.

I, JOHN ROBERTS, of Ivyland, in the County of Bucks, State of Pennsylvania, do hereby affirm and declare that I have acquired title in fee by twenty-one years adverse possession to the following described land, situate in Rockhill Township, County of Bucks, State of Pennsylvania, to wit:—

BEGINNING at a heap of stones at the corner of Frank Peterson's land; thence along the same north forty-six degrees, west six perches to stones for a corner of William Thompson's land; thence along the same south forty-two degrees, west 12 perches to a post, a corner in the line of Samuel Andrew's land; thence by the same south thirty-seven degrees, east forty-eight perches to a stone for a corner; thence north seven degrees, east seventythree and five-tenths perches to the place of beginning, containing five acres and sixty-two perches of land, more or less.

Adverse entry was made upon said land by me on or about the 21st day of March, Anno Domini 1886, and continued until about the first day of June, Anno Domini 1912.*

At the time of said entry, Isaac Brown (naming some person or persons in the line of existing title or legal title, as nearly as the same may be, the real owner of said lands at the time of such entry) was owner or reputed owner of said land and I claim adversely to him.

WITNESS my hand and seal this first day of August, A. D. 1912. JOHN ROBERTS. (Seal.)

BE IT REMEMBERED that on the first day of August, A. D. 1912, before me the subscriber, a notary public in and for the Commonwealth of Pennsylvania residing at Doylestown, personally appeared John Roberts, who being duly sworn did declare and say that the facts set forth in his foregoing Statement of Claim are true as he verily believes.

WITNESS MY Hand and seal the day and year aforesaid.

THOMAS STONE,

(Seal.) Notary Public.

My commission expires May 1, 1913.

24. Title to Lesser Estates.

Where the holder of a life estate is deseised, that it put out of possession by his failure to oust one who is in actual possession for twenty-one years, the deseissor gets only the title to the life estate, which ends with the death of the life tenant. It will be remembered that the statute only runs from the time the right of action accrues. In such a case as the right of action of the remainderman accrues only on the death of the life tenant, his interests are not barred until twenty-one years thereafter.

*If the possession of the claimant is tacked on to that of others who have preceded him (See Par. 17), it should be stated as follows: Adverse Entry was made upon said lands by Thomas Jones on or about the 21st day of March, Anno Domini 1886, who continued in possession until about the first day of December, Anno Domini 1896, and was succeeded therein by William Smith, who continued in possession until about the ninth day of January, Anno Domini 1905, and was succeeded therein by me, who continued in possession until about the first day of June, Anno Domini 1912,

25. Title by Adverse Possession Is Marketable.

The title by adverse possession is purely legal and is as perfect a title as though the holder of it had a deed of record. Since the Act of 1901 he may now record it and so have a record of it. It is good and marketable and as such recognized and enforced by the Courts (Bell v. Moredock, 54 Pitts. L. J. 379; Stroud v. Prager, 130 Pa. 401).