Actions in Partition in Pennsylvania
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Overview
Actions for Partition of Real Property are requests for equitable relief governed by the Pennsylvania Rules of Civil Procedure. The Rules allow for the physical partitioning of the land into purparts when it can be accomplished without spoiling the whole,[1] or for private sale confined to the parties[2]. If the private sale is not confirmed, a public sale can be held.[3] Some situations where a partition action may be needed are co-tenants cannot agree on how to handle the property, a mortgagee forecloses on the interests of less than all co-tenants, or a property has descended to numerous heirs each with a small fractional interest such that co-ownership is untenable.
Underwriting
- Actions for partition by their nature reveal a disagreement among the property owners. If a partition action appears in the chain of title, the action should be examined to confirm the proper procedure was followed and proper notice was given, all required payments were made, all liens were disposed of through the partition sale, and whether the Court ordered any additional requirements or conditions. There will be at least 2 Orders in any partition action: the 1st order finding that partition can occur, and the 2nd order directing the actual mechanics of that partition (division, private sale, or public sale).
- If the partition action resulted in the partition of the land into purparts, whether the new parcels have been assigned tax parcel numbers and taxed accordingly as separate land should be confirmed.
- Likewise, if the land has been divided, care should be taken to determine whether the Court ordered any easements or servitudes, or whether it appears that a servitude would arise by necessity. (For example, only some of the new purparts abut a public road such that some purparts are landlocked. Or whether existing utility connections serve all purparts.)
- At the very least, the Order awarding the Property or purpart should be recorded with the Recorder of Deeds Office. Ideally, the Court will Order, or the parties will agree to, execution of new deed(s) upon completion of the action.
Sources
Pennsylvania Rules of Civil Procedure 1551-1574.
