Transactions, Land Use, Zoning & Disputes
Bucks County transfer tax is 2%. The CLR factor is 17.06 — assessed value and market value are very different numbers. We handle closings, title problems, seller disclosure disputes, and partition actions.
Typically 2–5% of the purchase price, including the 2% realty transfer tax (usually the largest single cost), title insurance, recording fees, lender fees, and attorney fees.
Transfers between parent and child are exempt from realty transfer tax under 72 P.S. § 8102-C.3. You'll still need a properly drafted deed. Note that the transfer may still have gift tax implications at the federal level and inheritance tax implications if you retain a life estate.
When two adjacent property owners treat a boundary marker (fence, hedge, etc.) as the property line for 21+ years, that line becomes the legal boundary regardless of what the deeds say. It's a well-established Pennsylvania doctrine.
It depends on whether your renovation complies with your municipality's zoning ordinance. Check setback requirements, lot coverage limits, and height restrictions before starting any project. We can review your plans and advise.
First, get a survey. Then consider whether a consentable line may have been established. If the fence has been there less than 21 years, you may have a straightforward trespass claim. If longer, the analysis becomes more complex. We can evaluate your specific situation.
Pennsylvania doesn't require it by law, but given the complexity of title, tax, and financing issues, having an attorney review documents and represent your interests is strongly advisable.
If the seller knowingly misrepresented a material condition on the disclosure form, you may have claims for fraudulent misrepresentation, negligent misrepresentation, and violation of the Seller Disclosure Law (68 Pa.C.S. §§ 7301–7315). An as-is clause does NOT protect a seller who actively conceals known defects. The statute of limitations for fraud is 2 years from discovery — not from the sale date — so act promptly once you discover the problem.
Yes. Any co-owner can file a partition action at any time to force a sale or division. You don't need the other owner's consent and you don't need to show wrongdoing. The court will typically order a sale and divide proceeds according to ownership interests, with an accounting for unequal contributions to mortgage, taxes, and improvements. Many partition cases settle once the lawsuit is filed.
You can pay to protect the property and seek contribution from the non-paying co-owner. This right to contribution is typically enforced through a lawsuit or as part of a partition accounting. Keep records of every payment you make. In a partition, the court will credit you for your disproportionate contributions before dividing proceeds.
Unlike divorce, there's no equitable distribution framework for unmarried couples. If you co-own property and can't agree on what to do with it, a partition action is the remedy. The court will order the property sold and proceeds split according to ownership interests, accounting for each party's contributions.
Usually not. While it does avoid probate, it creates gift tax issues, exposes the property to your creditors, eliminates the full stepped-up basis at death (only the parent's half gets the step-up), and can unintentionally disinherit your siblings. A revocable trust almost always accomplishes the same goal with fewer risks. If the deed is already done, consult an attorney about whether the arrangement should be restructured.
If the account was set up as JTWROS, the surviving joint tenant legally owns the balance. However, if the account was a 'convenience account' — added for bill-paying purposes, not as a gift — the other heirs can challenge ownership in Orphans' Court. The burden of proof and outcome depend heavily on the specific facts. Gather any evidence of your parent's intent (emails, letters, conversations with the banker, the parent's will) and consult an attorney promptly.
A mortgage given as part of the same transaction in which the buyer acquires the property. Under 42 Pa.C.S. § 8141, a purchase money mortgage has automatic first-lien priority over all pre-existing judgments and liens against the buyer. This protects both bank lenders and sellers who finance part of the purchase price.
Yes. A purchase money mortgage takes priority over pre-existing judgments under Pennsylvania law. The lender's mortgage will be in first position regardless of your judgment. However, the judgment lien will still attach to the property in a subordinate position, so it may need to be addressed at a future sale or refinance.
Very. AI-generated and template deeds routinely fail in Bucks County because they're missing required elements: the Uniform Parcel Identifier (UPI), correct legal description, residency certification under 72 P.S. § 8101-C, or a properly completed Statement of Value (REV-183). The Recorder of Deeds will reject the deed, and you've lost your recording fee and prepaid transfer tax. For family transfers, the transfer tax calculation is especially tricky — the tax is based on the higher of the sale price or the computed value (assessed value × CLR factor of 17.06), not just what you paid. Have an attorney review any deed before you attempt to record it.
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