Real Estate Law in Pennsylvania
Are you planning to buy or sell property in Pennsylvania? Are you already in the middle of a dispute involving a real estate transaction? Or maybe you are dealing with a landlord who has failed to complete needed repairs?
Whether you are a tenant or property owner, you are entitled to protections under Pennsylvania real estate law.
Not every residential or commercial transaction moves forward without problems. Disagreements over property rights, access, or liability are common. Because these issues can be complicated, they often involve more than just the immediate property owners.
Types of Real Estate Law Disputes
Real estate disputes are frequent in Pennsylvania, and some carry significant complexity. Many of these conflicts end up in the courts, which serve as the final authority. Below are several common types of real estate disputes.
Escrow Deposit
Anyone purchasing real estate in Pennsylvania must go through the escrow process. The escrow account holds funds until the closing is complete. Disputes arise when the deal falls through and the parties cannot agree on how the money should be released. This situation is one of the most common sources of conflict in property sales.
Easement Real Estate Dispute
Easement disagreements occur frequently between neighboring property owners. An easement gives another party the right to use a part of your property, and these rights are often included in property deeds.
Even so, disputes happen—particularly when a property changes hands. For example, a neighbor may believe continued use of a path or driveway is their right because a prior owner allowed it. If open discussion fails, court intervention may be the only way to settle the matter.
Landlord/Tenant
Landlord–tenant conflicts are another significant area of Pennsylvania real estate law. Issues over repairs, rent, or deposits can quickly escalate. Under the Pennsylvania Landlord and Tenant Act, landlords may require up to two months’ rent as a security deposit during the first year of tenancy. After two years, they may hold only one month’s rent, and tenants then begin earning interest on deposits. Furthermore, landlords must return remaining deposits within 30 days after move-out. Failure to comply can expose them to liability.
Contract Breaches
In Pennsylvania, a contract is required for any real estate transaction to be enforceable. However, not every contract satisfies the legal requirements. Agreements missing critical terms, containing vague language, or breached by one party often result in disputes between buyers and sellers.
Fraud/Omissions
Fraud in real estate transactions is a serious matter in Pennsylvania. These cases can be difficult to prove, making the assistance of legal counsel essential.
Boundary Lines
Disputes over property lines often occur when adjoining owners disagree about the boundaries. In Pennsylvania, these conflicts typically involve fences, trees, or other visible markers. Because property records are not always precise, misunderstandings are common. Some property owners attempt to resolve matters themselves, but this often creates greater conflict. Courts are usually the most effective means of formally establishing and enforcing boundaries.
Ownership
Establishing property ownership is not always straightforward. In Pennsylvania, problems arise when property is transferred without proper documentation or when real estate passes to heirs without probate. Additional complications can come from lienholders or other parties asserting rights to the property. These ownership issues often require legal action to resolve.
Liens
Liens can affect both the value and transferability of property. While it is possible to sell property with a lien, the sale price is often reduced, and financing can be more difficult.
In Pennsylvania, judgment liens are created when a creditor records a judgment with the Court of Common Pleas in the county where the property is located. These liens remain valid for five years unless renewed.
What Should You Do If You Are in a Real Estate Dispute in Pennsylvania?
If you believe your property rights are being violated or you are facing a disagreement with another party, consulting an experienced Pennsylvania real estate lawyer is the best step. Legal guidance can help you understand your rights and options.
Learn About Real Estate Law
Pennsylvania real estate law is complex and can differ depending on the specific situation. Educating yourself on how these laws apply helps you make informed decisions. With the support of a lawyer, you can assess your risks and develop a strategy to protect your interests.
Work With an Experienced Real Estate Attorney in Pennsylvania
Real estate disputes make up a large portion of litigation in Pennsylvania, but not all conflicts must go to trial. An experienced attorney can help you achieve a resolution, whether through negotiation, settlement, or litigation if necessary. Courts may order compensation, injunctions, or other remedies to address the problem.
We assist Pennsylvania landlords, tenants, buyers, and sellers in resolving disputes. If your issue involves more than one state, we can also connect you with attorneys outside Pennsylvania.
Submit your request online or call us today at (866) 345-6784 to be connected with a knowledgeable Pennsylvania real estate lawyer.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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