Legal Question in Real Estate Law in Pennsylvania

Re: Joint tenants with right of survivorship

You are correct that the sale by your sister of her interest in the properties worked a severance of the joint tenancy as between her interests and the interests of you and your brother. She was not required to obtain your permission or consent; although in doing so, she apparently frustrated the will of the person who deeded the property to you. You have no action against your sister. You can request a court to partition the land as between you and the owner of the interests formerly owned by your sister. If the land can be easily partitioned (i.e. large enough that it can be subdivided into two economic units), then the court may order that partition. Otherwise, the court may order the sale of the property and the division of the sales proceeds. You can avoid the costs of a partition action if all three of the current owners can reach some type of agreement on how to divide the properties.

Curiously, I think the interests held by you and your brother may still be held subject to the joint tenancy with right of survivorship. I would have to do a little more research to confirm this. Anyway, if the land is partitioned, then you and your brother may take the share that you receive as joint tenants, but you should make your intent clear to continue your joint tenancy, as generally the creation of a joint tenancy is disfavored, and will not found unless it is created by express words or by necessary implication.