How to Access Property Records in Pennsylvania

What Information Can You Find in Pennsylvania Property Records?

Pennsylvania property records contain much information about the property and some personal information about you. Some of the items you might see on property records are:

Above is a small list; many other types of property records exist.

Deeds and Conveyance Records

Deeds are extremely common and are used in every real estate transaction, including sales and gifts of land and property. They prove ownership and include a lot of information, making the transfer of property legal. The state uses four different types of deeds: general warranty, fiduciary deeds, quitclaim, and special warranty deeds. Pennsylvania also allows some special-purpose deeds, such as life estate deeds, trustee deeds, and deeds in lieu of foreclosure.

Deeds include the following information:

• Grantor and Grantee Information - A deed contains the name and address of the seller/grantor and buyer/grantee.
• Legal Description of the Property - The deed will also contain the legal address and description of the property.
• Consideration and Conveyance Language - The bulk of the information contained in the deed will be legal conveyance language describing the transfer of ownership and any easements or deed restrictions.
• Execution and Acknowledgment - At the bottom of the deed, there will be signature lines for all parties to sign and acknowledge the deal. The deed will also be notarized to fully execute it.

Property Tax Records

Pennsylvania Property tax records are standard. Each county sets its own tax rate, and each parcel of land is taxed according to county law. Every homeowner is required to pay taxes each year. If they fail to pay them, the county can put a lien on the property and eventually foreclose and sell the house to recoup the tax money.

The following information must appear in a Pennsylvania property tax record:

• Tax/Mill Rate - The tax or mill rate differs according to the county or taxing jurisdiction. Therefore, the applicable mill rate should appear in the record as it is the basis of calculations.
• Exemptions - The document must show any exemptions that apply to the property, such as the homestead exemption.
• Property Owner - The record should name the owner and provide their address or contact details.
• Property Details - The document usually describes the property under taxation.
• Contribution Methods - The record may outline how property owners can contribute towards the taxes.
• Assessed Value - Tax records must show the property's assessed value, which is the basis for all calculations.

Property Liens and Encumbrances in Pennsylvania

Liens are a significant factor when it comes to property records. Along with mortgage liens, other types are more serious and can negatively impact ownership and real estate transactions. Encumbrances can also make it harder to sell a property. When choosing between one with an encumbrance and one without, the buyer will most likely choose the one without.

Voluntary Liens

Voluntary liens are like mortgage liens and home equity liens. You choose them by using your home as collateral to support a loan.

• Mortgage Liens - One of the most common types of property records is mortgages and liens. Most people who buy property do so with a mortgage. The borrower agrees to allow the lender to put a lien on the property until the loan is paid off. The lien protects the lender in case the borrower defaults on the loan.

  You may also find mechanic's, tax, or judgment liens on some properties. These types of liens make it more challenging to sell the real estate.

  The following information appears in a standard Pennsylvania mortgage contract:

  • Loan Amount - This document shows the principal borrowed, the interest rate, and the total amount repayable.
  • Name of the Property Owner - The document should include the property owner's name, address, and other relevant information.
  • Property Details - The document may show property details such as the address, boundaries, and plot number.
  • Repayment Processes - The document may show the accepted methods of contributing to the loan. It may also include guidelines on the least payable amount.
  • Penalties - The document may outline the penalties the owner will face if they skip a payment or fail to meet their obligations by the deadline.

Involuntary Liens

Involuntary liens are those over which you have no control. They are imposed because of a debt you owe. There are three types of involuntary liens. They are as follows:

• Mechanic's Liens - Mechanic's liens are legal tools builders, contractors, and material suppliers use. If the homeowner fails to pay them for the work they completed or materials, they can put a lien on the property so that when it is sold, they will be paid. To enforce the lien, they must sue the homeowner, and if a judge rules in favor, the homeowner may have to sell the house to pay off the debt.
• Tax Liens - Tax liens are very serious. Every homeowner must pay annual property taxes. If they fail to do so, the county can impose a tax lien on the property. These liens most often result in foreclosure and the sale of the property to pay off the tax debt.
• Judgment Liens - Judgment liens are used by creditors when the homeowner owes a debt that they refuse to pay. The creditor can put a lien on the property and sue the homeowner. If the judge rules in favor of the creditor, the owner may have to sell the property to pay off the debt.

Liens show up in many different types of property records. Most often, you will find them on the property deeds. Potential buyers and real estate investors may use property records to evaluate the worthiness of a property before buying. Liens may impose a negative opinion of the sale.

The Process of Property Liens in Pennsylvania

The process of filing a mechanics lien in Pennsylvania is as follows:

• Anyone not under direct contract with the owner must file a notice of furnishing to protect their lien rights. In addition, all claimants may need to send a preliminary notice if the project's worth exceeds $1.5 million and the owner chooses to file a notice of commencement.
• Otherwise, the first step in filing a lien is to fill out and submit the lien form. Lien forms need many details to be stronger against challenges. Therefore, claimants should provide information such as the owner's name, the value of the work or supply, the dates, and other relevant details. Claimants may also attach a copy of the contract and other relevant documents.
• The next step is filing the lien in the county clerk's office. The offices have various recording fees, which must be paid in full. Therefore, claimants should call ahead to find the recording fees and best filing method.
• After filing, the claimants may serve a copy to the owner and then file an Affidavit of Service with the county clerk.

Easements and Covenants

Some properties have easements (listed on the deed) or covenants. Easements allow someone other than the owner to access the property. An example might be an easement for a road that crosses into someone's land. Covenants are rules that the property owner must abide by. They are most common in gated communities and condo developments.

Plats and Surveys

Plats and surveys are maps that delineate the boundary lines of the property. Plats show the boundaries of surrounding properties, whereas surveys show only the property itself.

Property Descriptions and Boundaries in Pennsylvania

Every property has a legal description that makes it easy to identify. Legal property descriptions appear in deeds, mortgages, tax records, appraisals, insurance, and other documents.

The current deed is the best place to find the legal property description. It describes the precise location of the property and the lot size. It may also include boundary records like surveys, maps, and plats. The description may use landmarks to describe where the property is located accurately.

In many instances, surveys are needed to measure a plot of land to establish boundaries. Surveyors use specialized equipment to photograph and map the entire area. Surveys are sometimes used in boundary disputes.

While property surveys differ, the following standard information may appear in all survey records:

• Property Description - The survey may include a full property description with the legal description of the land, a metes and bounds description, or references to earlier survey records.
• Boundaries - The survey will outline the property's boundary lines, noting the corners and indicating the direction and length of each border segment. It may also contain measurements and bearings describing the limits.
• Monuments and Markers - The survey document may contain information about the physical markers or monuments used to identify the property's boundaries and corners.
• Easements and Encroachments - The survey record will identify any easements or encroachments that affect the land.
• Improvements and Structures - The survey record may include information about the location and dimensions of existing structures on the land, such as buildings, fences, roadways, or other improvements.

As long as people have owned property, they have fought over who owns what. Boundary disputes are common and often result in court, where surveyors are called to provide expert testimony.

Foreclosures

The lender or county can foreclose on the home whenever someone fails to pay their mortgage or taxes. Foreclosure means the entity will seize and sell the house at auction. It's a last resort, and many options are available to homeowners facing foreclosure.