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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I owned my house before I married my husband. We mortgaged the home both names are on the loan..

We are still married but separated. I want to sell the home to my granddaughter but he said because his name is on the loan he will not move out until it is removed. Does he have the right to do this since the title is in my name.

Mark Scoblionko
Mark Scoblionko answered on Oct 9, 2019

Your husband does not have the right to remain in the home if you are the sole owner. However, if both of you are paying towards the loan, a most important question, which you did not address in your fact summary, if you force him out of the house, he will stop his payments on the loan. Unless... Read more »

1 Answer | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I have land with multiple rentals on it. The gas company wants to drill on my property or the one next to mine.

My question is if they buy out my property to set up a drill pad, should I try to negotiate for not only the replacement cost of the buildings, but the lost income of the property? The lots are only 100' wide, so any drilling will affect multiple plots. There are 5 rentals beside my home plus... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 28, 2019

Yes you need to negotiate to get everything you will lose. I negotiate these purchases all the time.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: As a seller in Lackawanna County, am I entitled to a copy to an inspection report paid for by a potential buyer

Dealing with a dual agency where both the buyer & seller agents are in the same office. Have not heard results in over 2 weeks.

Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Look to the real estate sale agreement, and specifically the section about inspections. The standard PA form has some language in there about this.

Best of luck to you.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: If a tennant has a 3rd party paid there deposit and then tennant dies, can the deposit be returned to the 3 party
Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 19, 2019

Was the 3rd party a tennant? The money should go to the estate of the 3rd party.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can PPL be forced to move power lines that cut across middle of my front yard?
Mark Scoblionko
Mark Scoblionko answered on Sep 19, 2019

You need to engage a lawyer to review your deed and any documentation that forms the basis for the PPL easement.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I have a question regarding easement use across my property by my neighbors.

My property has a narrow alleyway beside my house, which leads from the back of my neighbor's house to the street I live on. Their home and front door are on a street parallel to mine. Their deed states they have use of the alley; my deed does not. I didn't see their deed prior to purchasing my... Read more »

Mark Scoblionko
Mark Scoblionko answered on Sep 16, 2019

The only way that your neighbor could have gotten an easement would be by way of a deed of easement from a prior owner of your property. That likely would not be shown specifically in the deed that you got. However, if you purchased title insurance when you bought your property, it would be... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: If my name is on the deed and not on the mortgage and I financially responsible for the property

Property is deeded tenants in common with rights of survivorship

Vincent Gallo
Vincent Gallo answered on Sep 16, 2019

You’re not personally liable but if the mortgage isn’t paid you will lose the house nonetheless.

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Two pieces of real estate, PA1 & MI2, in irrevocable trust at PA bank. PA1 distributed to the beneficiary Free of Trust

by court decree in 2000. Beneficiary now listed as owner on county website. Bank, sole trustee, wants to sell MI2. Beneficiary not in favor. Orphans’ Court proceedings where Petition to Authorize Sale of MI2:

a) Describes the decree of 2000 as, "Pursuant to Decree of this Court dated …... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

Regarding the property you can PA1, it would be very rare, unusual and unexpected for a court to order it back into trust after it has already been distributed. I would say the risk of that is extremely low.

Regarding MI2, this probably is all taking place within the same original case...
Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Are condo owners allowed to attend HOA Executive Board meetings? Some Exec.Board members are refusing them admittance.

I was elected to the HOA Exec Board of a condo apartment building a year ago. In that time, other residents/owners in the building have requested to attend Board meetings, but other members of the Exec Board are refusing them admittance. Since they pay HOA fees and assessments when billed, it... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 8, 2019

You need to review the bylaws of the HOA. They should say something about the meetings and who can attend.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Hi how can I find out if my home has a lien on it

I'm trying to refinance my home bcuz of late taxes

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 27, 2019

go to you local court house and do a search, call your school district, local municipality and County and ask them if taxes are owed on your property.

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: I purchased my boyfriends grandmothers home from her estate using money from my retirement savings plan.

We put the house in his name for tax reasons. The plan was to add my name to the deed. We broke up and now he has the house. Is there anything I can do?

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 24, 2019

You are going to need to sue him.

Put together all the documents that show you paid for the home.

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: our neighbor wants to buy a portion of our lot we agreed on a price but I want to back out we have no written agreement.

we own a lot behind our house our neighbor wants to buy a portion of it, we agreed on a price but I want to back out can I back out without a legal problem. we do not have a written agreement

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 23, 2019

no but you risk them bringing a lawsuit against you. Land sale contracts Should be in writing.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I'm going to lose my house September 19th due to back property taxes can somebody please help me

I live in Carbon County I was put on a payment plan for my 2017 taxes and I lost my job I called up and tax Bureau and Jim Thorpe and told them the situation and they said if I don't make that $312 payment that I need to come up with $2,500 to pay my 2018 and the 312 that I owe if somebody can... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2019

Contact legal services if you haven't already. There may be exemptions you can get. Your state representative may be able to help you find other resources.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: If a seller lied on the seller disclosure form about serious material defect even though she sold property as- is

Property is shifted and water coming through the basement. Seller denied these on seller disclosure.what can the buyer? House was sold as- is

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 19, 2019

The house was sold as is - you can always try to bring a lawsuit but once the transaction is closed you’ll have a hard time trying to rescind the sale or get damages. It was sold as is for a reason.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can i be held Financially Responsible for Property Violations on a House that i Hold a Quit Claim on?

Quit Claim Deed with Ex Husband 2011. I have not lived there since 2006. Ex in Jail and will not be getting out anytime soon. House needs condemned is falling down and contaminated with meth. The Township (Millcreek) Erie, PA has contacted me said i could be held financially responsible for some... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 19, 2019

Yes you can be held responsible.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Have a question about adverse possession in Pennsylvania.

Our neighbor is insisting that we are on their property line, however we have been maintaining this section of the yard (about a 4-foot section) for the past 17 years. Are we eligible for adverse possession? It was per a good faith mistake, we have actual possession of the land, we've had open and... Read more »

Mark Scoblionko
Mark Scoblionko answered on Aug 17, 2019

Adverse possession requires a minimum of twenty consecutive years. That twenty years may be accumulated between a current owner and a prior owner.

Based on your information, unless you can establish possession and control by your prior owner, you are out of luck.

Secondly, you...
Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: Changing deed rights?

I am looking for information regarding the removal of a statement in my deed that my grandmother (Grantor) would now like to have removed. The following is what she is wishing to have removed. "Reserving unto the Grantor a life estate in the within described property." This deed was done in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 16, 2019

The actual process of removing the life estate is fairly simple (for an experienced real estate attorney, anyway), but it should not be done without legal advise as to income tax, property tax and other implications, such as the effect this might have on Medicaid pre-planning.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I’m a Realtor. I want to advertise free uhaul rentals. Am I allowed?

I’m a Realtor. I want to start giving away free UHaul rentals for buyers/sellers. I want to use this to advertise on Social media. Do I need to disclose certain things or can I simply put “If you buy or sell with me you get a free uhaul rental”. I know there are some guidelines for giveaways... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 16, 2019

You need to talk to UHaul Cotporate first and explain this to them and get their ok.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Pennsylvania on
Q: I filed a eviction for non-payment of 2 months rent ,damages,and utility bills which were never payed. We go to court.

She reveals she left a few days ago and claims harassment from a third party phone call by a relative of mine. Which was news to me and sounded bad to be honest . The judge decides she doesn’t need to pay us back anything . But now that she has left there are unpaid ullity bills,the house is a... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 14, 2019

I would file the appeal. Also report her.

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Pennsylvania on
Q: My grandmother died and left her land to her children they have not paid land tax for 5 years do I have rights if I pay

The land was willed to her children who are not paying the land is still in my grandmothers name

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 12, 2019

No. If you are not one of her children you do not have any rights.

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