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Pennsylvania Real Estate Law Questions & Answers
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...
Read more »

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 »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: My neighbor has an outside light on the side of his house that lights up my whole yard and house. Anything I can do?

Neighbor has an actual streetlight mounted to the side of his house. I’ve told him it comes in my windows and makes doing anything after dark in our yard a nuisance. But he said we live in a dangerous neighborhood so he needs it. Which we don’t. My grandparents lived in this house since 1958.... Read more »

Cary B. Hall
Cary B. Hall answered on May 4, 2020

Yes, but it will likely be a huge and expensive hassle for you. The light spillage could be considered a "nuisance" in the law, and you could ask a court to make him take it down (or at least replace it with a light that isn't as bright). Such an action, however, must be brought in... Read more »

1 Answer | Asked in Real Estate Law and Legal Malpractice for Pennsylvania on
Q: What is legal malpractice and is the firm responsible?

In short, wife inherits a house in Pa. from a friend that passed. She gets a lawyer in Pa because the estate is based in Tn. For over a year the Pa lawyer told her things that were not true, didn't file taxes, didn't file for the deed, etc. etc. even with my wife and the lawyer from Tn.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

The fee dispute resolution committee, but I'd suggest get another attorney then decide about the malpractice --certainly file a claim to protect yourself as to the money etc.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I'm looking to purchase a flippable LLC, as my second LLC. Do i need to purchase a EIN ?

I' m real estate investor, im using the second LLC to close one deal. I will not need to attach a bank account to this LLC

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

You don't generally purchase an EIN but file for one. You should discuss with an accountant how best to structure your deals.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I have to Give my apt 60 day notice if l’m not renewing my lease. They are charging me full month rent for late notice?

I live in Tennessee

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

The 60 day period came from somewhere. If it says in the lease 60 days notice that implies if you don't they may charge you.

As to the paper work did you make a copy? Do you at least have it on your computer? If you can testify you handed them the notice or hand delivered it that...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: 2 days to make a decision my mom passed away just 3 days ago And being told I have to be out by the 30th of April!

I was my parents Dural power of attorney since July of 2019, they renewed the year lease on October 1st of 2019 sadly he passed away just 19 days later my mom is an amputee can’t care for herself or be left alone she had Ben in out of hospital the office was closed due to covid as we are asked to... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 16, 2020

There's great information here for you: http://www.phillytenant.org/. Check it regularly.

Best of luck to you.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can I file an Affidavit of Heirship to receive a property my mom owned; she died with out a will. It is worth 140K.

I am an only child and the property is in Pennsylvania.

Elizabeth Tarasi
Elizabeth Tarasi answered on Apr 15, 2020

Are you her only heir? You should’ve able to open an estate and transfer the property from her estate to yourself.

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3 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Question below

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.

From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any...
Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: can I back out of land purchase agreement?

I signed an agreement to purchase land on 3/25. I sent $1000 deposit check to sellers realtor. Due to virus difficulties, I need to back out. Is there any way to have that money refunded and legally back out of agreement?

Cary B. Hall
Cary B. Hall answered on Apr 7, 2020

Probably - but the answer lies within the agreement. There's probably a clause in your document known legally as a "force majeure" clause, which lets parties out of the deal if crazy, unforeseen circumstances occur. You'll probably need a legal eye to review the actual... Read more »

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