Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: do you need a real estate license to run a property management company
Peter N. Munsing
Peter N. Munsing
answered on Sep 14, 2016

If you are involved in renting the apartments you may. Check with your local board of realtors.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I live on a rural private road in PA, 6homes reside on this road with an easement deed. All have to give up 5 ft for

Utility an drainage purpose. The drainage side happens to b on neighbor that is telling us it's his property an we cannot access to clean an cut overgrown brush that is preventing the drainage ditch from doing its job, therefore our road is in dire need of repair. With this easement,... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

Check your title. Note where the easement is refered to (though it could be a separate document ). Go to the Recorder of Deeds office for your county. Look up the title for the neighbor you mention. See if his title has an easement, or if there is a separate easement recorded. Make a copy of that.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I live on s private rural road with 6 others homes, all homes were sold with an easement restriction. All to provide 5ft

Of your property to utility an drainage , one homeowner says he does not have to give the 5ft cuz he owns it an that is where the water drainage ditch is located.. It has been 20 years an it needs maintenance due to erosion on road.. Does he legally have to give use the 5ft so that we can repair... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

Go to the Recorder of Deeds for your county, look at his title and see if there is an easement granted or if one is separately recorded (look at yours to know what you are lookingfor)

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I live on a rural private road that have 6 homes on it. With each home comes an easement deed, we all have to leave 5 ft

To utility use of a ditch drainage, the side of road the ditch is on , the homeowner is not allowing us to repair the ditch to stop the road from erosion that is very bad condition at this time. We need to remove shrubs that have overgrown thru years of no maintenance. Do us other homeowners have... View More

Mark Scoblionko
Mark Scoblionko
answered on Sep 13, 2016

Your question is a bit difficult to understand. However, the first thing that must be done is for a lawyer to review the deeds or agreements of easement. Then, in all probability, the remaining homeowners will have to group together, hire a lawyer and file suit, most likely what is called a... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Pennsylvania on
Q: I live in pa my sister and I have out names on the deed her boyfriend lives there with her who will it go to

If something shall happen to her

Mark Scoblionko
Mark Scoblionko
answered on Sep 12, 2016

You need to have a lawyer review your deed. If you and she own it as "joint tenants with right of survivorship," the property would pass from one to the other upon the death of one. If you and she own it as "tenants in common," your half would pass by Will and her half would... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I have a home that I would like to give as gift and remove my name off the deed. How can I do this cheap n easy?
Mark Scoblionko
Mark Scoblionko
answered on Sep 12, 2016

The transfer can be accomplished by deed. There will be preparation charges of $250.00-350.00. If the transfer is not to an immediate family member, there will be a 2% transfer on the fair market value. Depending on the value of the home, there may be gift tax consequences. If so, you may be... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Pennsylvania on
Q: What forms need filed in pa for son to claim home ownership from deceased mother after living with her all his life.
Mark Scoblionko
Mark Scoblionko
answered on Sep 8, 2016

The fact that the son lived with the mother all his life has no bearing on the question. A lawyer needs to be consulted to open an estate. If there is a Will, the Will needs to be filed with the Register of Wills (probated). If an Executor is named in the Will, the Executor will execute a deed... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My girlfriend and I own a house in PA. The relationship ended, and we signed a contract with realtor to sell the house.

She moved out and I stay at the house. I change the locks for security reason. She is claiming that what I did was illegal. Is that correct? I did it for security and also since she has shown up at the house with no notice

Peter N. Munsing
Peter N. Munsing
answered on Sep 7, 2016

As long as you give her a key it's not illegal.Not sure why you changed them in the first place but if it wasn't to lock her out, she gets a key.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: A real estate purchase contract (residential) is signed by sellers and purchasers. Can the seller call you 2 1/2 weeks

into the process, tell you she got an offer 40,000 more and I have 72 hours to counter. I live in Ohio. We had 1 attorney represent both parties

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2016

The contract is the contract. If they want to pay you damages for breach, they can. Look closely at the contract. Talk to the attorney. Consult an attorney of your own(but one who is in wherever the real estate is.&2 hours for a 40k bump? Maybe in California. Somethig odd, something offensive... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My sister and I own a home that we don't live in. She had some work done in it without telling me.

Now she is telling me I owe her half of what she paid to have this, in my opinion, unnecessary work done. Am I liable to pay her if she did not consult with me or ask for my input, before she had the work done?

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2016

A lot depends on if it can be shown that it was appropriate or that it enhanced the value of the home. If it did then you have gotten a benefit. You can claim she was a volunteer by not checking, and it should be considered a gift. Maybe pay part or all of your share on condition there be an... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: If I am the power of attorney for my sister and I want to sign a right of way over my sister's property as her POA.

Do I need to have the POA recorded before I can sign the ROW? If so, where?

Mark Scoblionko
Mark Scoblionko
answered on Sep 1, 2016

You should check with the Recorder of Deeds with the county where the deed is to be filed. They may want the original Power of Attorney recorded (probable) or they may have you make a photocopy and attach it to an original affidavit attesting that the attached is a true and correct copy, and the... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In Pennsylvania, can you convey real estate to someone without their consent?
Peter N. Munsing
Peter N. Munsing
answered on Aug 27, 2016

Yes and no. You can deed it over to them. But they would have to record it in their own name. In the meantime, in the minds of the taxing authorities it is your baby. Sounds like you need to talk to someone local about some other issues behind this.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: There was an incident involving gun shot and a dead victim just outside the house that we are renting. Can I vacate?

I would like to terminate the lease in order to move to more safer place since I have a 8 month baby. What are my options? I am considering giving up my security deposit (1 month's rent) + 1 month's rent to help the landlord to get the place re-rented. Following were the terms at the time... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Looks like a diy lease. Person should try to negotiate lease but if landlord digs in get a consultation from an attorney who handles tenant issues.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Can a tenant break their lease without penalty if they are moving to a senior living community?
Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Don't see why they should be able to. However the landlord has to mitigate their damages--they can't just not advertise the place. Suggest tenant try to negotiate a withdrawal and maybe find someone else to take over the lease.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I have an agent who put negotiable as his end date for a buyers agreement. I am trying to be released from him.

Is his agreement legally enforcible in the state of Pa since he did not have an actual date? My new agent is leery..he has sent an addendum for me to sign that has an other clause that essentially guarantees him a commission. I won't sign and have requested that the clause be dropped..what... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2016

I would argue that as he drafted it you can discharge him.You may need to consult an attorney but if hew won't back out it suggests that you were right to switch.As to the guaranteed commission, depending on your new agent if it's acceptable to them, and it doesn't mean you pay for... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Neighbor puts his mailbox in my right of way. He had mailbox in his, but it was more "convenient "to move to my right of

way. He refuses to move the mailbox saying US Postal Service can dictate location. He knew the property boundaries and right of way but put the box in anyway. Can I get a court order to remove his mailbox to his right of way ?

Peter N. Munsing
Peter N. Munsing
answered on Aug 23, 2016

Technically, but it will cost money. Makes sense to see if you can get something from post office stating that they don't insist on boxes being on someone elses property etc.

1 Answer | Asked in Employment Law and Real Estate Law for Pennsylvania on
Q: If i am being laid off and in the middle of joining a real estate brokerage, will i be denied unemployment? (Philly, PA)
Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

If you are laid off you are allowed to collect until you either have a job (are an employee or gainfully self employed) or you refuse a valid job offer.If the brokerage gives you a draw against commission you have a job. If it's just you get whatever you can sell, then I really am not sure and... View More

1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: Does the state of PA have a property tax hardship? How can I avoid my house going up for tax sale in Sept 2016?

I have had no income for 5 1/2 years do to quitting my job to care for my mother without pay. I will loose this house next month because I have no income whatsoever. I can not afford an attorney without income for all of those years. I saved the state of PA at least 1/2 million caring for my dear... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Unfortunately you need to look for work, apply for an abatement, but you've left it a little late.Contact your taxing authority, but understand you won't get brownie points for quitting your job even with good reason.

1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Mortgage appraisal fees - due upon offer acceptance or once contingency issues are worked out?

Is the mortgage appraisal fee due when the seller accepts the buyer's offer, regardless of any contingencies? A recent offer made, with contingencies of a home inspection fell through because the buyer would not acknowledge damages that needed to be repaired to insure a safe operation of the... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Look at the contract. If the contract is silent then have your attorney write it in. But check your old contracts--should be covered.

1 Answer | Asked in Municipal Law, Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Shade Tree Commission and Home Owner rights?

I am a home owner in a town that has a Shade Tree Commission. The commission prevents me from maintaining, removing, or planting trees in the strip of grass between the sidewalk and street in front of my property. Over the past 10 years I have invested in a retaining wall to beautify my property.... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

The problem is to get around this you'd have to file some expensive and time consuming legal proceedings that would cost more than the sidewalk bill. If you want to repair the sidewalk you need to get the boro to clear it--and take care of any roots.

Remember--the boro is elected. Get...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.