The Adversity of Josh Shapiro: Pennsylvania Governor Claims Neighbor’s Property to Build Fence

Picture of troopers from Mosk Complaint

Below is my column on Fox.com on the land dispute of Gov. Josh Shapiro. The only thing murkier than the legal merits is the political implications of the litigation. Welcome to the intersection of adverse possession and American politics.

Here is the column:

Poet Robert Frost once said that “good fences make good neighbors.” He apparently never met Pennsylvania Gov. Josh Shapiro, who is being sued by his neighbors for effectively squatting on their land and then seizing it to install a fence along his $830,500 private residence in suburban Philadelphia. The litigation is likely to put Shapiro in a much different light for many who think of him as a 2028 contender.

The irony of the case is crushing. Shapiro opposed Trump’s plan to build a wall along the southern border, declaring that he would sue before a dime of Pennsylvania money went to pay for it. He apparently adopted a similar approach to his neighbors in Pennsylvania. The difference is that he built the wall, but without giving his neighbors a dime.

Shapiro has long wanted a 2,900-square-foot parcel of land located between the two homes in Abington, Montgomery County. The problem is that his neighbors like their land and want to keep it. They turned down multiple offers from Shapiro.

Jeremy and Simone Mock allege that Shapiro effectively became a squatter by using the state police to bar them from their own property and then building an eight-foot security fence.

After the Mocks sued, Shapiro countersued, claiming that the land was now his through “adverse possession.” He basically claimed that they abandoned the land despite their repeatedly trying to gain entry and repeatedly turning down his offers to buy it.

Welcome to the world of adverse possession. It is a doctrine dating back to 2000 B.C., and the Code of Hammurabi, allowing people to acquire title to land abandoned by owners over a long period of time. A really long time.

From the Romans to the British to the earliest days of the American Republic, adverse possession has been recognized as a valid means of acquiring title in the United States. It was particularly valuable after people acquired or claimed vast tracts of land out West, only to leave them undeveloped and unoccupied. As settlers moved West, they often cultivated the land, built structures, and lived openly for years before the original owners reclaimed it. Adverse possession was an efficient rule that allowed land to be put to productive use.

Under Pennsylvania law, you must prove actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the land for 21 years.  Shapiro clearly has the hostile part down, but the Mocks are claiming that he effectively used state police to bar them from their land and then claimed that they abandoned it.

Each side is portraying the other as dishonest and opportunistic.

In their complaint, the Mocks allege that the Shapiros made “previous acknowledgments that the Mock Property was owned by no one other than the Mocks.” They document that the Shapiros did not want to pay the asking price, so the Mocks offered to lease the land to them. The Shapiros allegedly agreed but then backed out.

The Mocks declare, “what followed was an outrageous abuse of power by the sitting Governor of Pennsylvania and its former Attorney General.” Shapiro declared the property was his.

The Mocks objected that they had been paying taxes to the state on the disputed property for nine years.

The Shapiros claim that from 2003 to 2025, they mowed the lawn, cleared leaves, and removed other debris from the land as if it were their own. Accordingly, they claim that the 21-year period has passed and with it the title to the land. They further allege that, after buying the property in April 2017, the Mocks did not claim the land or challenge the location of an existing fence. However, they did so in October 2025.

Shapiro maintains that the Mocks never even knew the property was theirs until he informed them of the results of a recent survey.

The fascinating element is the use of state troopers to keep the Mocks off their land. The complaint even shows a picture of two troopers, stating, “these members of the State Police are on the Mock Property. Behind the officers are the arborvitae that the Shapiros planted on the Mock Property without permission and over the Mocks’ express objections.”

With the required 21 years only barely passed, any period in which the Mocks contested the possession could unravel the adverse possession claim. In the meantime, few people are likely to be sympathetic with the Shapiros taking property from a neighbor. Adverse possession rarely sits well with people, but it is more palatable when the owner has been absent and dilatory.

Here, the owners are very much present and vocal.

The optics are also worsened by the fact that the state has been struggling to address a squatting crisis where people occupy other people’s homes and then refuse to leave during years of litigation. Shapiro is accused of being a squatter with a state trooper contingent to back him up. It is not clear what would be worse for Shapiro — to lose or to win — in taking his neighbor’s property without compensation.

The dispute has already made its way into the political arena, where Shapiro is running for reelection. One of his opponents, Stacy Garrity, posted a Valentine’s Day message on social media with Shapiro’s face that said: “I love you more than I love my neighbor’s yard.”

The fact is that there are credible arguments on both sides of this dispute. For Shapiro, the question is whether he can afford to win.

Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

41 thoughts on “The Adversity of Josh Shapiro: Pennsylvania Governor Claims Neighbor’s Property to Build Fence”

  1. In light of this, Shapiro’s national aspirations are probably kaput. Good riddance. Using the force of the state looks like a deprivation of civil rights under color of law federal crime. He needs to go to prison. And lose his house.

    Looks to me like Greater Israel in microcosm. Only in this case it seems that the targets were not bad actors like Hamas. Tiny hat aggression, tiny hat logic. Unacceptable.

    1. You’re saying land has a civil right?
      Nothing like infusing your anti-Jewish bias into the story.

  2. Nothing like a Fascist Democrat acting like a Fascist. Sort of puts the lie to Democrat squawking how they fight against Fascism, when they act like Fascists every chance they get. Sieg heil, Shapiro!

  3. Let me see, what is the premise here? Ah, a self-entitled politician uses the violent and coercive power of The State to forcibly remove the legitimate owners from land that he covets. How can this be portrayed as surprising? How is this not a fully representative example of the way that politicians of all stripes think and behave? The only novel element here is that Shapiro was either too stupid or too unlucky for this abuse to fly under the radar until both his political and avaricious ambitions were fully realized.

    1. But Shapiro argues that he needs a security zone, even before he became governor.
      As for calling Shapiro stupid, that’s interesting coming from a nobody anon commenter.

  4. In 2019 Governor Shapiro famously said that if President Trump spends $1 of Pennsylvania money on the border wall, he will sue to stop him. It seems that pointing out the hypocrisy of Democrats gets easier by the day. And then there is the easy humor they give us. Representative Crockett’s body guard was charged with impersonating a police officer when she should have been charged with impersonating a member of Congress. Unfortunately, there is nothing funny about the Democrats headlong plunge into the abyss of socialism and their rejection of American patriotism and fundamental values, without this great country cannot exist.

    1. Um… “In 2019 Governor Shapiro famously said that if President Trump spends $1 of Pennsylvania money on the border wall,…”
      Those ex-lawyers here have minds like s steel trap…. Turley stated that in his opinion. Read it.
      And then we’re told that J. Crokett’s b/g is etc… ? What does that have to do with the Mocks?

  5. The more that is known about Josh the more his national ambitions will sink. His big play and claim to fame in Pa is legalizing pot despite what the Heart and Lung associations say about the substance. He doesn’t care what the psych and emergency room stats say. He only wants the tax dollars and the votes of pot smokers.
    With Josh there is not a lot of There, there. But Pa has a long record of electing mediocrities. This is probably due to the pervasive leave me alone attitude in Pa. The idiots are able to sneak through and stay in office for years. But the media is never going to give him the fawning national coverage they give to other do-nothing politicians. This story and others will get a lot more coverage if he challenges Kammy or one of the other sacred cows of the Dem party. I bet he doesn’t run. He’s not very bright; but he knows the score.

    1. Those idiots you speak of are partisans. Living breathing people with a singular idea… democracy.

  6. In theory this government is “owned” by the people. The Constitution is the original deed. By consent we created an agent whose whole point is to secure our preexisting rights to life, liberty, and property. But in practice many politicians treat that charter the way an adverse possessor treats a neighbor’s side yard.

    If the people are quiet, distracted, or “passive” for long enough, they behave as if effective ownership has shifted. Precedent piles up, power expands, and before long what was supposed to be our instrument starts acting like it has an independent claim to rule.

    On that picture, the problem is not that citizens signed away their sovereignty, any more than the Mocks signed away their strip of land. The problem is that officials act as if passivity equals consent and inattention equals abandonment. That is exactly backwards from the Founders’ logic, where the social contract remains valid only so long as government continues to act as trustee for rights it did not create in the first place.

    When rulers treat the Constitution as something they can “occupy” by practice rather than obey in principle, they are engaging in a kind of constitutional adverse possession, and we are watching our legitimate ownership of the regime itself slowly erode.

  7. This is the good part from the complaint:

    “26. Moreover, the State Police have repeatedly told the Mocks that the area
    is now a “security zone” that they may not enter onto without permission of the
    Shapiros and/or the State Police. “

    1. “. . . the Mocks that the area is now a ‘security zone’ . . .”

      So much for the Left’s slogan: “No Kings.”

      1. So, using your logic there shouldn’t be a fence around the White House?

        Considering the violence that’s going g on in this country I’d think you’d cut the governor so slack.

        1. So using Wally’s logic, there should be no fences allowed in the USA. BTW, just kidding, your comment is without sense or logic.

        2. Wally.

          The White House is the peoples house. Have you seen any pictures of it lately?
          Just a tad bit of difference.

          1. No it is not. The WH is a federally protected government property. And btw, with an existing demarcation line …. fences and guards.
            People’s house? The White House is owned by the federal government and is stewarded by federal agencies, including the NPS, which is responsible for its care and maintenance. Also, the White House is expressly exempt from the National Historic Preservation Act, meaning it is not legally protected from demolition or major alteration under federal preservation laws.

  8. Shapiro WAS a democrat this Republican could have voted for. This incident puts that completely out of my mind. Are ALL democrats just power hungry monsters or only the politicianz?

    1. @Anonymous

      Now you’re getting it. If you thought he was electable, he lied. There is no variation in DNC policy in 2026; they are ALL unelectable, and all disingenuous. Whatever you see the most radical contingent of the modern left doing or implementing either here or even overseas, is what all of them will do or implement; the dems are no longer an American, Constitutional party.

  9. The win goes to Josh Shapiro. Because we all know judges are partisan; especially withy a gov. and state police breathing down their neck.

  10. It would seem that if the Mock’s had been paying taxes on the area for 9 years and the parcel of land being taxed was correctly surveyed and on record then they had not “abandoned” their land especially since they also lived there and were contesting the colonization of their land. I guess it’s going to come down to who has the best records, state law and other documentation.
    Too many other unknowns. I suppose the Mocks won’t be voting for Mr Shapiro anytime soon.
    These little property fights can get really nasty and bring out some unpleasant characteristics of you and your neighbors.

  11. Shapiro seems to have another legal issue, along with the review of a case he handled when DA in Philadelphia. Refer to the case, which the family involved finally was able to have someone look at the case again. This case is much bigger than the land dispute.

  12. “The fact is that there are credible arguments on both sides of this dispute.”

    Sorry Professor, I see no “credible argument” on Shapiro’s side.

          1. Thanks Ano.
            You just proved my point. Are you a lawyer? Do you know states & city laws. Yes you can look them up.

          1. So are you a lawyer? Or just another smart azz, who just hates what anyone says, right or wrong.

    1. As for credibility, your so called lawyerly skills have failed you. Its not about credible legal arguments, it the process that’s the issue. The powerful PA Gov. vs. common citizens. Its not about the law, its about power. And the court will come down on the side of the Gov. And he’ll get it for pennies.

  13. A great study of contrast, it seems that Shapiro is more fully embedded into the Democratic Party thinking than he realized. That is, to regard the Law as a matter of choice. Obey when convenient; reject when desired. This attitude apparently applies to their public and now even their private business. Not good for Josh, by gosh.

    1. In fact Shapiro is the model for the dreaded neighbor from hell. What he’s doing is typical neighbor behavior, in the sense of simple proximity; not as a social being.
      Lived next door to a politician/city councilor once. He was a f-ing nightmare, his meddling knew no bounds. He made life hell.
      As for Shapiro, one hopes he gets his comeuppance now that its political.

      PJMedia: Shapiro’s team dismisses the lawsuit as a political stunt, pointing to ties between the Mocks’ lawyer and Republican state senators. The dispute has already entered the political arena, with Shapiro’s re-election opponent, Stacy Garrity, mocking him in campaign ads. With dueling lawsuits ongoing, the outcome could impact Shapiro’s reputation and potential 2028 presidential ambitions.

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