PA has abolished Rule in Shelley’s Case; thus…
parties take present and future interests according to language of deed (to B for life and then to B’s heirs)
PA has abolished Doctrine of Worthier Title; thus…
remainder CAN be created in grantor’s heirs
PA and RAP
- Interests created before 12/31/06: wait and see
- Interested created after 12/31/06: RAP dn apply
PA law disfavors joint tenancies w/ right of survivorship; will only be found where…
intent to create rt of survivorship expressed w/ sufficient clarity within the instrument
Severance of Jt Tenancy in PA
- if fewer than all Ts execute mortgage, severed as to that T (mortgaging T has T-I-C); if all execute mortgage, no effect (4 unities)
- if one T conveys even portion of interest during lifetime, severs as to him
In PA, property conveyed to husband + wife presumed to be…
tenancy by entirety, even if deeded as joint tenants w/ rt of survivorship
PA Tenancy by Entirety
- judgment v. 1 spouse dn place lien on property itself, only upon that spouse’s interest in obtaining property thru divorce/survivorship; if couple conveys while married, 3d p takes free from lien
- divorce converts to T-I-C
PA Statute of Frauds requires a lease of more than ? years to be in writing
Three
Dn apply to periodic tenancy b/c no fixed term
PA: Elements to establish breach of landlord’s implied warranty of habitability (res only)
- defect or condition is material;
- notice was given;
- LL had reasonable chance to make repairs and failed to do so *T may terminate, make repairs + deduct, abate rent, pay rent + sue (any w/held rent must be paid into escrow acct)
Constructive Eviction under PA law
Interference need not affect T’s use of entire premises, as long as all elements met
PA duty of reasonable care on landlords does not extend to…
3d party criminal acts, unless LL actively tried to protect property and Ts rely on LL’s efforts
Implied covenant of marketable title in PA
- applies regardless of type of deed unless otherwise agreed; applies at closing
- zoning violation renders title unmarketable if purchaser cn take possession w/out immediately becoming a violator of zoning ordinance (“bought a lawsuit”)
Implied warranty of reasonable workmanship in PA
absent express contrary language, implied in land sale for purchase of newly constructed residence (but not subsequent purchasers); enforceable v. builder/vendor
Equitable conversion in PA
- risk of loss passes to buyer upon entering land sales K; seller holds buyer’s interest in trust + has duty to keep up property
- insurance: apply principle of unjust enrichment
PA Adverse Possession
- 21 years
- tacking allowed if privity
- payment of taxes not required
- 2 or more can create T-I-C by AP
Scope of Adverse Possession
- if enters under color of title + actually possesses only portion, will gain title to whole
- AP’er acquires whatever estate was held by person in legal possession at *start* of AP period
PA Recording Statute
Race Notice
PA Wild Deed Situation
2005 PA Supreme decision held deed not properly recorded nvthlss provided constructive notice, but PA General Ass passed law following year stating deed must be properly indexed to provide notice
No statutory right of redemption in PA
Once foreclosure sale, done
PA and fixtures
when T attaches fixtures + equipment necessary for operation of biz, items considered “trade fixtures” + T permitted to remove during/at termination of lease
