A Pennsylvania deed is a legal document used for property title transfers between an owner (the grantor) and a grantee. A deed will indicate the present owner, whether any warranties against title defects are provided, and the consideration exchanged for the title. Most home sales are done under general or special warranty deeds as the grantee is afforded protection against defects such as liens or other encumbrances. A quit claim deed, on the other hand, holds the grantee liable for any title defects and is often only used in situations such as foreclosure sales or gift transfers.
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Types (3)
General Warranty Deed – Used to convey property while providing the grantee legal protection against title defects and a guarantee that the grantor is in fact a title holder
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Quit Claim Deed – Used to convey a property title without guaranteeing its quality.
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Special Warranty Deed – Provides protection against encumbrances that occurred under the current grantor’s possession only.
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Laws & Requirements
- Statutes: Title 21, Ch. 1 (§§ 1 to 615)
- Formatting: No state-wide formatting, though the recorder of deeds may charge twice the standard fee to record documents that are larger than 8 1/2 by 14 inches in size (42 § 21056).
- Signing Requirements (21 § 42): Notarial Acknowledgment
- Where to Record (21 § 351): County Recorder of Deed’s office
- Recording Fees: Varies by county.
- Exemption Statement: If the conveyance of property is entirely exempt from transfer tax (e.g., transfers between family), the deed must relay this information.
- Forms:
- Property Disclosure Statement (68 § 7303): Must be delivered to a prospective buyer to inform them of any property issues that may affect their purchase decision.
- Form REV-183 (Realty Transfer Tax Statement of Value) (42 § 21053): Must be recorded with the deed when the full consideration is not specified or a transfer tax exemption is being claimed.
- Coal Severance Notice (52 § 1551): The grantor must include this notice in the deed if there was a severance of coal below the premises.
- Bituminous Coal Notice (52 § 1406.14): Must be included in the deed and signed by each grantee if all of the following are true:
- The premises contains bituminous coal;
- The bituminous coal will be taxed separately; and
- The deed doesn’t certify whether the structure is being supported by bituminous coal.