Question 1

What are common title issues?

Accepted Answer

Title issues can range from minor clerical errors to significant legal problems that threaten your ownership. Common title issues in Pennsylvania include: outstanding liens from mortgages, taxes, mechanics' liens, or judgment creditors; errors in the public record such as misspelled names or incorrect legal descriptions; missing heirs or unknown parties with potential claims; easements that restrict how you can use the property; boundary disputes or encroachments; forged or fraudulent documents in the chain of title; undisclosed building or use restrictions; and improperly released mortgages from prior owners. The attorneys at Smith Butz conduct thorough title research, identifying potential issues before closing and working to resolve them so you can achieve a clear title to your property.

Question 2

What is a zoning variance?

Accepted Answer

A zoning variance is an exception or deviation from the strict requirements of a zoning ordinance. When a property owner wants to use their land in a way that doesn't comply with the current zoning regulations—such as building a structure that's too close to a property line, exceeding the maximum building height, or using a residential property for a limited commercial purpose—they must apply for a variance from the local Zoning Hearing Board. In Pennsylvania, there are two main types of variances: use variances (which allow a different use than what the zoning permits) and dimensional variances (which allow exceptions to setback, height, lot coverage, or other dimensional requirements). Obtaining a variance includes requirements such as demonstrating an unnecessary hardship and that the proposed use will not adversely affect the health, safety, or welfare of the community. At Smith Butz, we guide property owners through the variance application process and represent them before Zoning Hearing Boards throughout Western Pennsylvania.

Question 3

How do I resolve a property boundary dispute?

Accepted Answer

Property boundary disputes in Pennsylvania can be resolved through several approaches, starting with the least confrontational methods: First, obtain a professional survey from a licensed surveyor to establish the exact boundaries based on your deed's legal description. If the survey confirms a discrepancy, you may attempt to resolve the matter through direct negotiation with your neighbor, potentially adjusting the boundary by mutual agreement documented in a boundary line agreement recorded with the county. If negotiation fails, mediation can be an effective alternative. If informal methods don't work, litigation may be necessary—including actions for ejectment (to remove someone from your property), quiet title actions (to establish definitive ownership), or injunctions to prevent further encroachment. Pennsylvania also recognizes adverse possession claims, where someone who has openly and continuously used another's property for 21 years, along with other factors, may gain legal ownership. At Smith Butz, we represent property owners in all types of boundary disputes, from informal negotiations to courtroom litigation.

Question 4

Do I need a deed to transfer property to my children?

Accepted Answer

Yes, to legally transfer real estate ownership to your children in Pennsylvania, you generally need to prepare and record a deed. A deed is a formal legal document that legally transfers the property title from you (the grantor) to your children (the grantees). This process ensures the change of ownership is properly documented and publicly recorded.

Question 5

What if someone is claiming ownership of my property?

Accepted Answer

If someone is claiming ownership of your property, it's crucial to act promptly to protect your rights. This situation often requires what are known as 'title curative measures' to clarify and establish clear ownership. One common legal action we undertake is an 'action to quiet title' with the court. This legal process is designed to resolve competing claims to a property and officially determine who the rightful owner is. We can guide you through investigating the claim, negotiating with the claimant if appropriate, and pursuing legal action to ensure your title is secure and free from dispute.

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What are common title issues?

What is a zoning variance?

How do I resolve a property boundary dispute?

Do I need a deed to transfer property to my children?

What if someone is claiming ownership of my property?

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