Legal Question in Wills and Trusts in Pennsylvania

legal ownership of a parcel of land in PA

my father and his siblings inherited a parcel of land in PA. The siblings gave their brother DPOA to sell. He bought out his siblings but did not have them sign a deed nor did he register a deed.

He willed the land to his wife and 2 children. the 2 children quit c laimed their portion to their mother.

The mother died and willed back the land to the kids. They sold the land. The Co. that bought the land cannot obtain clear title and want the original heirs children to sign a quit claim (original heirs deceased)

He wants to lease the land to the Gas co to drill in Marcellus Shale. Do we have an interest in this land? Can we claim ownership? The Co that bought the land has been paying taxes and thinks he can get the court to give him Quiet Title.

I know this is complicated, but we need to know if we should move forward to try to A. show interest

or B. try to show ownership which would then require an atty in PA


Asked on 7/20/09, 9:14 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: legal ownership of a parcel of land in PA

You're right, the history of transfers back and forth is complicated, and the title insurance company is probably correct in not insuring clear title.

You need a PA lawyer for either of your objectives. This sounds like a Western PA property, if there are mineral rights. Look for a lawyer in that area/the county where the property is.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/20/09, 9:32 am


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