Legal Question in Real Estate Law in Pennsylvania

deed in PA

My wife and I bought a piece of land in Pennsylvania 20 years ago. Ten years later we built a house on that land. Now we need to transfer ownership of the improved property. Does the deed (originally for the land only) now cover the total value of the land and the house we built on it?


Asked on 7/15/08, 12:57 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: deed in PA

No, but then that is not what a deed is used for.

When you transfer the property a new deed will have to be prepared which will have the property description updated to reflect the presence of the house you built.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 7/15/08, 1:23 pm
Miriam Jacobson Retired from practice of law

Re: deed in PA

Deeds transfer the real estate, or land, together with whatever is on the land, unless the deed says otherwise.

The deed to you and your wife gave you ownership of what was already there, and you still own that plus whatever improvements you've made.

In order to transfer ownership of the whole thing, you will need a new deed from you and your wife to the next owner, and that deed must be recorded in the County Office for recording deeds.

The usual wording of deeds includes whatever improvements are on the property.

The legal description of your property would not change unless the perimeter outlines were changed by some legal method, such as another deed to you of adjacent property creating a larger parcel, or eminent domain [taking by a government authority] that reduces the shape and size of your real estate, or if you subdivided the property and already transferred part of it to someone else.

If anything that changed the size of your property occurred, you should have a new survey and legal description.

You should consult with a real estate lawyer in your county to advise and assist you in transferring ownership.

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Answered on 7/15/08, 2:49 pm


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