Philadelphia Real Estate Blog

The world of real estate can be lucrative, but is also fraught with legal complications that can drain your wallet. Even a minor dispute can be long, tedious and expensive. Sometimes, these disputes arise from issues with a project’s contractor.

When most people are hiring contractors, they do not focus on the possibility of a lawsuit. But in our litigious world, legal tussles are increasingly common. It is helpful to have a few general tips on hand for how to avoid legal conflicts with a contractor.

The concept of eminent domain can seem daunting to property owners. In Pennsylvania, eminent domain encompasses the laws and statutes that allow the state government to seize private property for specific purposes, including what conditions make this acceptable and what conditions do not - as well as whether or not the government is required to compensate property owners for the seizure.

Per Pennsylvania state code, the government may condemn and seize property for the sake of public improvement or to eliminate blight. Public improvement can include tearing down unsafe and derelict properties, or it can include implementation of public works such as highways, schools, parks and other civic works activities. While in some cases non-government entities can enact eminent domain, specific prohibitions prevent taking of properties for private business use in most cases.

Anyone involved in a real estate title dispute in Pennsylvania may have heard the recommendation that they file a "quiet title" action. A quiet title action is an extremely effective way of resolving all kinds of disputes involving title to real estate. But what is a "quiet title" action and why is it called a "quiet title" action?

As described in Philadelphia court documents, a quiet title action is a legal action designed to settle land title disputes and to "quiet" any challenges to someone's rightful ownership. This action is often taken to resolve disputes involving a fraudulent conveyance of the title to a piece of property and to resolve ambiguities as to who actually owns a contested piece of land. If the person seeking to quiet title can prove that the current title is defective in some way, then he or she may be able to claim ownership of the property from the person or persons who currently hold the title.

This can be especially useful if you lost the title to a property through coercion, or if someone has committed theft of your property by forging the deed. This can also apply to cases in which allocation of property during disposition of a will is challenged due to claims of undue influence over decedents and their decisions regarding their estate. You can also quiet the title to remove certain mortgages and other liens that should have been, but were not, satisfied and you are unable to locate the mortgage or lien holder.

Buying or selling a home is one of the largest transactions the average citizen will undertake during his or her lifetime. Given the amount of money at stake, both the buyer and the seller should understand the condition of the property that is being purchased and sold. The Pennsylvania Real Estate Seller Disclosure Law was designed to give buyers a comprehensive understanding of the condition of the property while discouraging sellers from hiding any known flaws or problems.