Common Title and Deed Issues in Pennsylvania Real Estate Transactions

Title and deed issues are among the most common obstacles in Pennsylvania real estate transactions. They can stall or completely derail a deal if left unresolved. A Pennsylvania real estate lawyer helps you identify these issues early so you are not blindsided by unfamiliar or complex contracts or hidden defects that threaten your ownership rights.

Outstanding Liens

A lien is a legal claim against a property that must be satisfied before ownership can transfer cleanly to a new buyer. Liens come from a variety of sources, and any of them can prevent your closing from moving forward:

• Mortgage liens: A previous owner’s unpaid mortgage balance remains attached to the property until the lender releases it.
• Tax liens: Delinquent property taxes, income taxes, or municipal assessments filed against the property by local, state, or federal agencies.
• Judgment liens: Court-ordered debts owed by the seller that have been recorded against the property as collateral.
• Mechanic’s liens: Claims filed by contractors or suppliers who performed work on the property but were never paid for their services.

Boundary and Survey Disputes

Property boundaries are not always as clear-cut as they appear on paper, and disagreements between neighbors over fence lines, driveways, or shared structures can create real legal headaches. A current survey may reveal encroachments or discrepancies between what the deed describes and what actually exists on the ground, and resolving these issues before closing protects you from inheriting someone else’s dispute.

Errors in Public Records

Mistakes happen in county recorder offices more often than you might think. A misspelled name, an incorrect legal description, or a recording error in the chain of title can cloud your ownership and create complications when you eventually try to sell or refinance, making it important to catch and correct these issues before they compound.

Ownership and Title Issues

Sometimes, the person selling a property lacks a clear legal right to do so, and these ownership disputes can surface in unexpected ways. Pennsylvania’s recording statutes govern how property interests are documented and prioritized:

• Missing heirs with a potential claim to the property
• Undisclosed divorces that affect ownership rights
• Unresolved probate matters tied to a deceased prior owner
• Conflicting deeds recorded by different parties

Easements and Restrictions

An easement grants someone other than the property owner the right to use a portion of the land for a specific purpose, such as utility access or a shared driveway. Deed restrictions can also limit what you are allowed to build or how you can use the property, and discovering these limitations after closing can significantly impact your plans.

Forged or Fraudulent Documents

In rare but serious cases, forged signatures or fraudulent deeds can appear in a property’s title history. These situations call into question the validity of the entire chain of ownership, and untangling them often requires legal action to establish who holds the rightful title to the property.

Consult a Pennsylvania Real Estate Attorney Today

Title and deed issues do not resolve on their own, and the sooner they are identified, the easier they are to fix. Call Mette Law today at 717-232-5000 or contact us online to schedule a consultation with a Pennsylvania real estate lawyer who will examine your transaction, uncover any hidden title defects, and work to resolve them so your closing can proceed without surprises.