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Property Keyed to Merrill
Pocono Springs Civic Association, Inc. v. Mackenzie
Citation:
667 A.2d 233Facts
The appellees, the MacKenzies, purchased a vacant lot in 1969. Subsequently, the MacKenzies found out the lot had inadequate soil to built an on-lot sewage system rendering it worthless. The MacKenzies then, in an attempt to abandon the property, tried numerous things. First, the MacKenzies tried to turn the lot over to appellee, Pocono. Second, the MacKenzies tried to gift the lot to Pocono for use as a park-like area. Third, the MacKenzies ceased paying real estate taxes on their lot and the property was offered for sale. Fourth, the lot was offered again for sale by the Tax Claim Burea, in both the third and fourth instances there were no purchasers. Fifth, the MacKenzies signed a notarized statement expressing a desire to abandon the lot. Sixth, the Mackenzies do not accept mail regarding their property. Pocono sued the MacKenzies for association fees owed, and the MacKenzies claimed their actions above amounted to abandonment and that, as a result, they did not owe fees. The trial court ruled in favor of Pocono, holding that the abandonment defense was not valid here.
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Topic Resources
Topic Outline
Lost, Mislaid, and Abandoned PropertyTopic Refresher Course
Recording Acts and Bona Fide Purchaser