Legal Question in Real Estate Law in Pennsylvania

Re: Covenent breach resulted in loss at time of sale

Your question is not entirely clear. The appraised value of a home is that value which is use by tax authorities to assess the real estate tax that is paid annually. It is the homeowner's responsiblity to request a reduction in value in order to reduce the real estate tax. A failure to do so leaves you with no way to recover the taxes that you have paid. As a matter of fact even if the reduction was granted it would be for future years. I hope this answers your question.

Re: Covenent breach resulted in loss at time of sale

I am not licensed to practice law in Pennslyvania, thus the

following items are things that you will need to clarify with

a Pa. attorney. If you would like for me to handle the case, I will need to

file an application for representation pro hac vice (i.e., to appear in Pa. for

this one case).

Now, here are the items that require clarification:

1. What type of recording statute does Pa. have and was

it properly adhered to with respect to the subject property (the affected

property) and the object property (the effecting property--the neighboring

lot)?

2. Was the restriction in question a convenant, a contractual obligation,

part of a master development plan, or given as an inticement? Is there adequate

consideration to support the type of restriction?

3. Do zoning limitations apply? If applicable, were variances properly submitted and

reviewed?

4. Was notice tendered properly on the assumming builder with regard to deminuation in value or other

relevant claims? Or, conversely, did the assumming builder provide the existent homeowner(s)

with proper notice, adequate hearing/objection, etc.?

Other issues may emerge as the questions to the above items become clear.

As you can see, this is not quite as clear an issue as it may seem. To recover the loss, if any can be recovered, the

service of an attorney is highly recommended. I am available at (410) 799-9002.

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