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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Hello, I have a real estate question. I would like to have my mother's name removed from the deed for our home. She has

been deceased for eighteen years. Both of our names are on the deed. How can I proceed with this? Do I need a lawyer?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2020

She cannot deed you the home now. About the only thing you can do is file an Affidavit which tells of her deed ownership and death. You did not state what the granting clause says, as you may be a tenant in common, the surviving tenant, etc. Hire an attorney to determine the present title.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My mother passed away going on two years ago and she left the house to six of us siblings my sister and I Are executive

if one can’t do it The other one step in ,but she has not in rolled our name in city hall ,she was to write our name as owner of the house,should I step in .she move in and didn’t let no one know and change all the lock what should I do.please help me

Mark Scoblionko
Mark Scoblionko answered on Aug 6, 2020

If you and your sister are the Executors, that means that your mom had a Will and that the Will was probated (that means, filed with the Register of Wills). If so, that means that an estate has been opened. Did you not have a lawyer to do that? You certainly should have had a lawyer. Clearly,... Read more »

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... Read more »

Vincent Gallo
Vincent Gallo answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My mother passed away this year and I continue to pay the mortgage but I'm not stated on it. Due I need to file probate

We refinanced in 2004 but when the mortgage was recorded my mother was listed as mortgagor but my name wasn't stated. Do I need to file probate in order to update the deed to the property?

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 1, 2020

Yes. You might have to refinance to mortgage.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: We are buying a farm and buyers and sellers all have signed the agreement of sale, do we still need it witnessed
Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2020

That agreement is only a executory contract which has not been executed. Land is usually transferred by Deed or Heirship. Have a competent lawyer draft a Deed for the sellers to execute. But get a title search first so you know who the owners are and can construct meaningful derivation of... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Do I have to escrow taxes and insurance when buying a home and using a mortgage company? can i just pay my own?

Home is $185,000, appraised at $200,000. I am putting 5% down on a conventional loan.

Vincent Gallo
Vincent Gallo answered on Jul 23, 2020

That would typically be up to the lender to decide.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: Sold my home to oldest son for what I owed on it. Verbal agreement I could live there until I died.

As soon as the sale was finalized I was forced out by verbal abuse escalating to physical abuse. Do I have any legal recourse for the rest of the price of the house?

Vincent Gallo
Vincent Gallo answered on Jul 23, 2020

Responding from a New York perspective, verbal agreements usually bear very little weight.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Driveway easement

Purchased a home in Pa came back with clean title with no easement for shared driveway the new owner of the house next door came over and told me that it is a shared driveway and I told her no that I own it now she want to file an easement to use my driveway what can I do to stop them from using it

Mark Scoblionko
Mark Scoblionko answered on Jul 16, 2020

This is a problem to be resolved through the title company you used when you bought the house. There are multiple possible answers:

1. Your title company made a mistake;

2. You made a mistake and mis-read your policy;

3. Your neighbor made a mistake;

4. The...
Read more »

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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...
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.

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