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Pennsylvania Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I rent and the tenants above me have been smoking indoors. The smoke odor is coming in to my apartment through the vents

I have reached out multiple times to the leasing office, but they have not helped. It's becoming unlivable for me - giving me a constant headache - and the smell is seeping into my furniture and clothes. What can I do?

Mark Scoblionko
Mark Scoblionko answered on Jul 15, 2021

Your best bet is probably to move at the end of your lease. If your lease goes for an extended period, see if the landlord will allow you to leave early without a penalty.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How can I waive my rights to a real estate property I am getting with my unmarried partner?

I am entering a mortgage with my girlfriend, who solely put down the deposit on the house we are getting. I am on the mortgage only because my income was needed. For all intents and purposes, I am a tenant, not a homeowner. How do I waive the rights to the property to ensure that it is only in... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

If you sign the Note then you owe it. If are not a grantee on the Deed, then you own nothing. Hire a PA attorney now before you make a very serious mistake.

1 Answer | Asked in Criminal Law and Real Estate Law for Pennsylvania on
Q: Is there anything to be done about parole stipulations in Pennsylvania?

I can't live in the county i'm from. The problem is I own a house there, which i just inherited. I can't afford two places, so i moved out of the parole approved crack house which i shared with other parolees. Into my house that's in a basically crime free area. So the last... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2021

Your attorney may be able to file a motion to modify your parole conditions. It would be made in the same Court you got convicted in. The Judgment of your Conviction should be carefully examined for the exact conditions which are impeding your successful return to society.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: +JMJ+ Do I have access to my property which is on a private road and the road goes through 8 properties before mine if

...the second property's deed says "The road leading into and past the tract herein conveyed is subject to use by grantees, their heirs, assigns and of the general public" but 6 of the properties don't mention anything about the road and the 8th property's deed says... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

You are going to need a competent attorney to conduct several title searches to see if any of the properties are encumbered or benefited by an express easement. You may have an easement by prescription only, or not at all. And it sounds like the "8th" property only recites being a... Read more »

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1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: The judge decree a hearing for disputed facts regarding a petition to open the full judgment and then deny the petition?

I was granted a motion for extraordinary relief, extending time for me to petition to open a default judgment. The judge decreed that it would be a continuance followed by a hearing. Before the decreed hearing date, the judge issued an order denying my petition to open the default judgment despite... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You may be assuming that the hearing allows you to "fill in the gaps. " if you didn't put all that into your motion, with an affidavit, then the judge may have decided you didn't meet the requirements.

Or, you may not have stated why you didn't respond to the...
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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Pennsylvania on
Q: Hello, I have a question about the recent purchase of a house.

When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Did you have the house inspected? If not, as is means as is. If there was a disclosure form, and they did not disclose that is your best avenue.

You want to find what it would cost to fix, and ask them for it. See how long the other realtor had it for. If you have a realtor ask them how...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: My father has property in Puerto Rico that is under both his name and my mother, it is also registered as a church.

My father and mother can no longer taker care of it and want to transfer the deed to my siblings and self, can this be done if they are still living? We are looking to sell this property after transfer of deed. Will we encounter any other legal issues with this?

Mark Scoblionko
Mark Scoblionko answered on May 26, 2021

They can certainly transfer the property to family members. If they can’t care for themselves, a Power of Attorney would probably be advised so that you and siblings could act directly on their behalf.

You should engage a lawyer in Puerto Rico familiar with real estate and estate...
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1 Answer | Asked in Contracts, Foreclosure, Immigration Law and Real Estate Law for Pennsylvania on
Q: If the recorded information on a deed is completely false do a agreement based on it stand?

If the information on a property deed is false can a agreement be made based from it

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

The agreement refers to the deed. If the deed does not accurately describe things then you may have a claim with the title insurnace company or others. I suggest you review this with an attorney who handles real estate matters.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: +JMJ+ How can I determine if right-of-way exists for a parcel on a private lane, when it is not mentioned in the deed?

Or how can I determine if there is an easement? And that I have the right to drive on that road to access the property? I was told there is no written road maintenance agreement. Thank you!

Anthony M. Avery
Anthony M. Avery answered on May 25, 2021

An easement must be in the servient tenement's title, not yours (the dominant tenement). Hire an attorney to search the adjoining parcel's title. He may need to advise you on prescriptive easements or purchasing a right of way.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: can I claim adverse possession on property I maintained for 27 years if that property was sold 5 years ago
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

From the facts you stated--no. You don't have a right for maintaining a property unless there is an agreement giving you ownership interest of some type. Even if there was, if the land was sold, it's on you to do something. However I may be missing facts and it may be worth your while to... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My dad died years ago with no will, everything went to step mom. My step mom just passed away about 6 months ago and

Left everything to her daughter in will. Do I have anything to fight for if the house was still in both step mom and my fathers name on deed?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 9, 2021

If the deed was held in your father and step-mom's names as joint tenants, with right of survivorship, or tenancy by entirety, then when he died, yes, "everything", including full legal title to the property, went to her.

If the deed says they held title as tenants in common,...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: can a new owner of my auctioned off rental apartment of 36 yrs. kick me out without notice?
Nellie T Schulz
Nellie T Schulz answered on May 9, 2021

When real property which is subject to an existing lease or leases is sold, the leases remain as part of the real property for the entire remaining term of each lease. If the term of a particular lease is month-to-month, then the new owner may terminate the month-to-month lease with at least 30... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Own 2/3 of 25 acre plot of land. Can I force a sale if 1/3 owner does not want to sell?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

Yes. File an Action for a Sale For Partition.

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In PA, if a home is sold at auction that had a reverse mortgage previously, will the new owner get a clear title?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most... Read more »

2 Answers | Asked in Probate and Real Estate Law for Pennsylvania on
Q: I want to buy land of someone who is deceased through a probate lawyer.

The executrix had the house demolished and is selling the property through a probate lawyer. What do I need to do to start the process, what documentation is involved, is this handled through the court? I made a verbal offer which was accepted but that’s all so far.

Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 27, 2021

You need to make an offer in writing. The estate will accept the offer in writing. It is a good idea to retain an attorney to assist you with the closing on the property. It is a good idea to get title insurance.

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1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: How do you sell a house after the person passed away? What would those named executors have to do to sell the property?

Woman passed away, leaving an UN-NOTARIZED will to her 3 sons - naming 2 of the 3 executors. There is a house to sell. What needs to be done to sell the house? Can the two executors sell it?

Steven J. Fromm
Steven J. Fromm answered on Feb 6, 2021

The first step is to probate the will at the Register of Wills in the county where the decedent lived at the time of death. Once letters testamentary and short certificates are obtained, then the executors have the authority to sell the house.

Right now there are special procedures that...
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5 Answers | Asked in Real Estate Law, Probate and Estate Planning for Pennsylvania on
Q: My father in law died in Oct. He owned a home had a life insurance policy and a union pension. No will help?

My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 5, 2021

Where there is no will, the PA statutes explain, in detail, who will be the "heirs at law" who inherit a decedent's property.

Whenever real estate is involved, unless it is held in joint tenancy with right of survivorship, and the co-owner survives, a probate is necessary to...
Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Co-borrower on mortgage died without a will. As the remaining borrower I am responsible for the mortgage. Do I have the

Right to sell the property immediately?

Mark Scoblionko
Mark Scoblionko answered on Feb 3, 2021

The first question is whether you are a "joint tenant" on the deed, that has a right of survivorship. If so, the property would pass to you, and you would be able to sell it. However, unless you were married to the deceased, there will be inheritance tax due, and you will need to plan... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I just signed closing documents for a real estate property in North Carolina through an attorney on December 11th.

This was done by UPS overnight. I sent back on December 14th. Is there a deadline to get to the courthouse?

Nellie T Schulz
Nellie T Schulz answered on Dec 14, 2020

I simply changed the governing state law to North Carolina, where the property is located.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I recently did a mail away and signed documents for a house closing. I am mailing back package overnight.

We all know sometimes the package takes longer. Is there a time frame after closing to record the documents at the courthouse?

Nellie T Schulz
Nellie T Schulz answered on Dec 14, 2020

Perhaps some attorney much more brilliant than myself could make some sense of your question, but I can't. Would you ask it again and include more details? Some examples: Are you the buyer or the seller? What documents did you sign ? To whom are you sending the documents? Is a title... Read more »

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