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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Election Law and Real Estate Law for Pennsylvania on
Q: What would be the best way to address an HOA election dispute in PA?

It was brought to my attention that one of the previous board members who has now been re-elected for another term was in fact in violation of our rules and regulations prior to the nomination period being closed, which would be a direct contradiction of the amendments that they (previous board)... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 1, 2020

The HOA bylaws govern what procedure you should take. How much are you willing to spend on attorneys fees to fight this?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Found my 4th great-grand fathers land patent from 1815. This land may be part of "state game property"..? Was told to

check Title records from 1795 to present, to see if there may be a claim to this family property..?

Crawford county, PA.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But if you feel it is important, hire a competent attorney to run a Title Search for at least 225 years. It will involve alot of inexact legal descriptions and questionable derivations of title. I suggest you start with a search back about 50 years to start with, as... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Private Sale Vacant Lot

I’m buying a vacant land from a close family friend. This is a cash deal. Can we just do a sale agreement and deed On our own and have our signatures notarized? I plan to Do a title search on my own and then file the paperwork with the county. I don’t see why I need to pay all this money for... Read more »

Nellie T Schulz
Nellie T Schulz answered on Jun 26, 2020

You ask whether you ”can” purchase your f

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1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: How are days prior to Settlement Date calculated?

I need to have repairs completed "no later than 3 days prior to Settlement Date". My Settlement Date is July 14th. Do I have to have the repairs done by July 10th or 11th? The state is Pennsylvania. I am having delays due to COVID.

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 24, 2020

Talk to the buyer and ask for an extension. Make sure its in writing.

1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Energy, Oil and Gas for Pennsylvania on
Q: How do I find an electrician's insurance information? He is registered in Pennsylvania.

(He will not provide the details himself).

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

You can also make a claim under your homeowners policy. They will investigate the electrician if it’s covered under your policy.

2 Answers | Asked in Real Estate Law, Business Law, Construction Law and Land Use & Zoning for Pennsylvania on
Q: How do I find an electrician's insurance company if he will not provide it? Damage was done and need to know next steps.

Electrician performed an electrical service upgrade to 200 Amps without pulling a permit. Also, when approached about damages that he caused to my hardwood floors since he refused to take shoes off or work with booties, he denied liability and just walked off the job, keeping my initial down... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

Hire an attorney and file a lawsuit

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1 Answer | Asked in Real Estate Law and Municipal Law for Pennsylvania on
Q: How can I legally add and deed 1/2 of a paper road to my property? The other 1/2 to my neighbor? It existed since 1956.

Subdivision plan from 1956 shows a named paper road between my property and my neighbor to my right. It runs back into another property behind us. All deeds from 1956 to current, name the road on them as a boundary line with measurements of distance, utility right of way, etc. The property... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 8, 2020

If your unfriendly neighbors have no other access to their property, then they'll almost certainly get to keep using that "paper road" as a means to reach their property. A court will not render a property virtually worthless and unusable by "landlocking" it, and would... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Procedure to settle a residential property line dispute when your property line and house set back from property

My lot size and home location on lot was surveyed after house was completed in 1975. and again 2012 By Separate Firms Both survey indicate house faces north south

Front NE corner is 10' Back from east side of house property line.

Rear S/E Corner of house is 10' 3/4"... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jun 7, 2020

The simplest and first thing to do is to erect a fence along the boundary. If that does not work for some reason, you would have to hire a lawyer and file suit to seek a declaration of the boundary. If you do nothing and the neighbor persists over a period of time, you could lose that property... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can a person I'm buying a lot from in the boro of Red Lion, do so with just a witnessed paper or bill of sale?

The titling company she hired didn't come through so she stated she got the PA papers to sell and that was all she needed. I would have to sign the paper and get a witness and then I file in York County to transfer the deed to my name. Sounds much to easy!!

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Yes and no. You can have her sign a document agreeing to convey valid title, but you need to describe the land as it is described in the Recorder of Deed's Office. You'd want title insurance to protect yourself.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is it our responsibility to pay a license fee to the railroad company each year if the easement was not disclosed?

We bought a home 3 years ago and started getting invoices from the railroad company that owns the railroad behind our home. Apparently our sewer pipe runs under the railroad. The easement was not disclosed to us when we bought this house and the title company said they did not know about it. It is... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

That's what title insurance is for. First, check the deed you received. Is it in there?

The point of title searches is to find things that "run with the land...." such as old rights of way, for instance.

So definitely notify the title insurance company, get the...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Do I have to move a fence that has been up for over 25 years because the next door property owner had it surveyed?

I purchased the property 2 years ago and the fence existed before purchase. All the lots in town are the same size. The neighbors that have been here said the fence has been up for over 25 years. Now the new next door property owner wants it moved cause they had it surveyed and 3 foot of it the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Have the property resurveyed. Here's the thing--it was possibly adversely possessed, but as to the previous owner.

If the lot sizes are the same you may be on the next person's lot.

So, you need to determine if the lot was sold to you with the dimensions you say, did you...
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1 Answer | Asked in Real Estate Law and Municipal Law for Pennsylvania on
Q: If I own property in hatillo P.R. and I live in pa could I loose my property if I haven’t lived there
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Unlikely, unless you didn't pay any property taxes, didn't collect mail at your old address, or have judgment liens on the property.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Do I have to close out of state to buy out of state land?

I am about to buy some land in PA from an old man in carbon county it has no home on it just forest land. I want to pay him the 1000 tomorrow and close the deal so I can start getting trees removed. How do I go about this process? We both like in New Jersey Can I just meet him at a closing agency... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

You want to have a contract of sale, that sets out the land as described in the Carbon County records--this is called a deed. Now you can have a contract to have him convey to you the deed, but I would avoid doing any quick cutting until you are sure you are dealing with the owner, have your deed,... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: The property is in carbon county Albrightsville

I am 82 years old i have a property i bought in pa in 1969. i want to file for adverse possession on the land bordering my property because i have been using it for more than 21 years open hostile notorious and all that. How do i file and what do i need to do and how long does the process usually... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on Jun 3, 2020

Generally speaking, the process would require a legal filing in the Court of Common Pleas in Carbon County. The action would be filed against the current owner of the parcel that you are seeking to acquire, and possibly others. If the process is not contested you can expect the process to last at... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I am 82 years old i have a property i bought in pa in 1969. i want to file for adverse possession .

I am 82 years old i have a property i bought in pa in 1969. i want to file for adverse possession on the land bordering my property because i have been using it for more than 21 years . How do i file and what do i need to do and how long does the process usually take

Cary B. Hall
Cary B. Hall answered on Jun 2, 2020

Civil litigation in Pennsylvania largely depends on the county that you're dealing with (and you haven't indicated in your question which county your land is located). Adverse possession claims in Pennsylvania also require that your possession of this adjoining parcel be actual;... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I have several questions about a land dispute and trespassing so I will do my best to be as clear as I can.

I have about 80 acres of land with a 2 acre pond in Mercer County PA. We own approx. 75% of the pond and the neighbor owns the other 25%. We have never had any trouble with that land owner.

However, he recently sold his land and the 25% of the lake to someone else and it has been trouble... Read more »

Nellie T Schulz
Nellie T Schulz answered on May 22, 2020

Your question gives no explanation of a number of facts which may prove decisive. A few of the facts needed: how the 75/25 split in ownership of the pond was initially created and when; whether the pond is man-made or of natural origin; how it is fed, such as by run-off, stream, an underground... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Property maintained solely for 30 years can someone just take it off me?

I maintained a small piece of land solely for over 30 years adjacent to my home i have proof ,pictures by the ton and borough letters etc Everyone including the d.o.c workers stopped right before this piece of property and never maintained it i did .Today the new president of council said i have... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on May 14, 2020

There is a concept known as "adverse possession" which, under the right circumstances, grants title to real estate to those who have maintained it for 21+ years. However, the rules are very particular and would also need to be asserted in court. I also have questions about the nature of... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Entered into a home buying contract in Jan2020 in PA, can we come out of it due to corona our financial is not good

Hello, we live in Pennsylvania and we entered into a home buying contract with a reputed builder here in York in Jan 2020. The house is under construction and is to be ready by July 2020. It's a gated community and builder is building dozens of townhomes there. Now due to corona situation my... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on May 9, 2020

The contract you signed to build the house governs. I do not believe there will be a provision that provides for a change of your financial circumstances. You can see if the contractor is willing to let you out of the contract.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My sister is a nurse she and my mother purchased a house. My mother passed in 1973. My mother was a pension widow

My mother had no assets, and my sister lived with my mother, paid the mortgage and taxes. After 43 years how do we remove my mothers name off the deed? Both my mother and sister bought the house togather- thank you

Elizabeth Tarasi
Elizabeth Tarasi answered on May 8, 2020

If your mother is deceased you file a suggestion of death and deed the property accordingly.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can you be a renter living in Maryland, but buy/invest in a property in Pennsylvania?

The goal is to purchase land and/or invest In property(ies) in PA. As a renter, are there stipulations for buying in another state?

Evan Charles Pappas
Evan Charles Pappas answered on May 6, 2020

Yes, you may own real estate in Pennsylvania as an out-of-state resident. Feel free to contact us if you would like assistance in the process. We can also help with the real estate closing and offer title insurance for the purchase once you decide which property to purchase. Feel free to call or... Read more »

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