We know as Pennsylvania real estate owners that having a deed is critical to the sale. But maybe some of us do not realize the intricacies of deeds and what legal rights they possess. Though our team at Mazzoni Karam Petorak & Valvano can handle all of your real estate transactions, we know you may have questions about the process. Take a look at the Pennsylvania deed requirements.
What makes a deed legal?
For a deed to legal in Pennsylvania, it must meet the following basic requirements:
- It must be in writing,
- State the name of the current owner,
- Include the legal description for the real estate being transferred, and
- State the name of the new owner.
A deed only pertains to the title of the real estate. Improvements made to the property are not affected by the deed or vise versa.
Each county in the Keystone State has a Recorder of Deeds office that is responsible for recording all deeds transferring real estate titles within the county.
There are state-mandated requirements for how a deed is to be presented. This includes the format, specific locational information, and notary acknowledgments.
The Recorder of Deeds will also collect any transfer taxes.
In addition, the county may have its own requirements for deed transfers. This can include being registered with the Assessment office, and information about the property assessor. A real estate attorney can go over the legal requirements for your county while working through the process with you.
Taxes – Pennsylvania Deed Requirements
In Pennsylvania, there are state and local taxes for recording a deed that transfers real estate titles. The state tax in the Keystone State is 1% of the value of the real estate. However, local taxes may vary but will often include municipality and school districts.
Failure to pay these taxes will result in the deed not being accepted.
Types of Deeds
In Pennsylvania, there are three types of deeds. They are:
- General Warranty – A general warranty deed covers the property’s entire history and verifies that there are no defects with any transfer between any past owners.
- Quit Claim – A quit claim deed is used to transfer interest on the real estate property. Most often, this is utilized between family members.
- Special Warranty – A special warranty deed is a deed only warrants against anything that occurred during the current owner’s physical ownership. It doesn’t guarantee the purchaser against any defects that existed before they took possession of the property.
A general warranty deed offers the most legal protection to new property owners. When drafting the deed or transferring real estate, it is imperative to know what legal ramifications you may be up against.
Contact Mazzoni Karam Petorak & Valvano for Legal Assistance For Your PA Deeds – Pennsylvania Deed Requirements
Since 1962, the Scranton real estate attorneys at Mazzoni Karam Petorak & Valvano have been representing clients throughout the Northeastern Pennsylvania region. With an impressive track record and years of experience, our team knows real estate law from top to bottom in Pennsylvania. If you have questions pertaining to a deed transfer, we can help. Contact our attorneys today to schedule a free consultation.