Buying a home that is a new construction home seems easier. It is certainly more risky. It does not matter if the builder is Toll Brothers, Pulte, Orleans or Joe with a pickup truck, the risks a buyer encounters in new construction greatly exceed th...
Read MoreAdverse Possession
1. ELEMENTS A claimant must prove actual, exclusive, visible, notorious, distinct and hostile possession of the land continuously for 21 years. 2. STATUTORY BASIS The statutory basis for adverse possession is 42 Pa. C.S. § 5530, whic...
Read MoreNeighbors Trees and Bushes at Property Lines
One of the most common points of dispute between neighbors comes from the growth of trees, shrubbery, and bushes. The planting of an acorn five feet from a property border may be meaningless in the life of the planter. However, as that tree grows s...
Read MoreDeed Out of Estate – Should I use a quitclaim deed?
QUESTION: Should a decedent’s estate administrator use a quickclaim deed to transfer estate property to himself before transferring to heir. Administrator does not want to leave the property in the name of the decedent who died 7 years ago...
Read MoreSheriff Sale Answers Will i loose my judgment lien?
QUESTION: I have a judgement against a man. My title search shows that my judgment is is second place behind a small mortgage on his house. There are 5 judgments after mine and the guy in last place has the property listed for sheriff’s sale...
Read MoreNature of Judgment Liens in Pennsylvania
The Pennsylvania Supreme Court discussed the nature of judgment liens in the case of In re: Upset Sale, Tax Claim Bureau of Berks County, 505 Pa. 327, 479 A.2d 940, 943-44 (1984). The Supreme Court stated as follows: Judgment liens are a prod...
Read MoreExtent of Lien of Judgment in Pennsylvania
A. Lien Against All Real Property of Judgment Debtor: When entered of record, a judgment operates as a lien against all real property of the judgment debtor in the county in which it was filed. 42 Pa. C.S.A. § 4303(a) (1982). The lien of a j...
Read MoreEffect of Judgment as Lien in PA
A. Lien of Money Verdict: Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property on the conditions, to the extent and with the priority provided by statute or prescribed by Gen...
Read MoreTenants by the Entireties – Pennsylvania
A. Tenancy by the Entireties. 1. A conveyance to husband and wife is presumed to create a tenancy by the entireties.[1] This presumption can only be overcome using clear and convincing evidence of a contrary intent.[2] 2. Only husband and ...
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