Legal Question in Real Estate Law in Pennsylvania

Two family members co-own 86 non-divided vacant acres. One owner wants to transfer his ownership to another relative, other party is not protesting. The land will be subdivided at a later date. Does the property have to be subdivided before ownership can change?


Asked on 9/21/10, 7:27 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Since co-owners have an undivided interest in a property -- that means that they are not each assigned a particular part of the acreage -- each one may transfer his/her undivided interest. The new owner becomes a co-owner with the other original co-owner. If those co-owners get along, they may decided what they want to do with the property in the future. Selling one's undivided interest in an parcel generally would not constitute a subdivision and require a subdivision of the property. If the co-owners are proposing to create separate lots between themselves, they may have to get subdivision approval, depending on municipal or township regulations.

It is always recommended that co-owners have agreements that specify what each persons rights and responsibilities will be with respect to the property, and how they will decide if one wants to change the ownership, whether it is to sell her/his interest to the other, or to a different person.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 9/28/10, 8:27 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania