Pennsylvania Act 1842-91 — BETTERMENT ACT - OCCUPYING CLAIMANTS ACT

Act text

BETTERMENT ACT - OCCUPYING CLAIMANTS ACT
                  Act of Apr. 12, 1842, P.L. 262, No. 91              Cl. 53
                               A SUPPLEMENT

     To an act, entitled "An act authorizing the Governor to
        incorporate the Tioga Navigation Company," passed the twenty-
        six day of February, one thousand eight hundred and twenty-
        six, and for other purposes.

        Section 19.  (19 repealed Nov. 29, 2004, P.L.1280, No.156)
        Section 20.  Value of improvements to be recovered
        No law respecting the sale of land for taxes shall be so
     construed by any court as to prevent a recovery of the value of
     the improvements made, in all cases whatsoever where a recovery
     is effected against a purchaser at a sale for taxes, or other
     person claiming under him; but the Acts of Assembly shall be so
     construed that a recovery for improvements as aforesaid shall be
     an incident in all cases whatsoever, where there is a recovery
     against the tax title, without regard to the nature of the
     defects of said title, and wherever any person claiming under
     such tax title may be out of possession, and on account of
     defects in said title fail to recover the land, the jury under
     the direction of the court trying the cause shall assess the
     value of the improvements made by such person, or those under
     whom he claims, and shall fix the time within which said
     assessment shall be paid by the defendant or defendants; and if
     the sum so assessed be not paid within the time specified by the
     said jury, the title of the plaintiff shall thenceforth be
     confirmed and rendered good and valid to the land in dispute, as
     against the defendant, and all claiming under him; and after a
     failure to pay such assessment, a writ of haberi facias
     possessionem may issue forthwith from said court, without any
     other proceeding, and in all cases where a recovery is had
     against the defendant or defendants, claiming under a tax title
     as aforesaid, the jury assessing the value of the improvements
     shall under the direction of the court also find the time within
     which the same shall be paid by the plaintiff, and on failure to
     pay such assessment within the time so fixed by the said jury,
     the title of the said defendant or defendants shall thenceforth
     be confirmed and rendered good and valid as against plaintiff
     and all claiming title under him: Provided, that no improvements
     made within two years after the sale of said land for taxes
     shall be paid for by the party recovering or purchasing the
     same: Provided also, that if the defects in the tax title shall
     be known to the purchaser at the time of the sale, or if a
     tender of the redemption money be made within two years of sale,
     he shall not be allowed for his improvement: And provided
     further, that nothing herein contained shall affect the
     interests of minors who shall claim the lands inherited by them
     within two years after they shall arrive at age.  1842, April
     12, P.L. 262, Sec. 20.