Legal Question in Real Estate Law in Pennsylvania
Two family members co-own 86 non-divided vacant acres. One owner wants to transfer his ownership to another relative, other party is not protesting. The land will be subdivided at a later date. Does the property have to be subdivided before ownership can change?
1 Answer from Attorneys
Since co-owners have an undivided interest in a property -- that means that they are not each assigned a particular part of the acreage -- each one may transfer his/her undivided interest. The new owner becomes a co-owner with the other original co-owner. If those co-owners get along, they may decided what they want to do with the property in the future. Selling one's undivided interest in an parcel generally would not constitute a subdivision and require a subdivision of the property. If the co-owners are proposing to create separate lots between themselves, they may have to get subdivision approval, depending on municipal or township regulations.
It is always recommended that co-owners have agreements that specify what each persons rights and responsibilities will be with respect to the property, and how they will decide if one wants to change the ownership, whether it is to sell her/his interest to the other, or to a different person.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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