Be Informed.

If you are considering the purchase or lease, of real property, one of the many factors you should consider when making a decision is how the land is zoned. Zoning, after all, determines how the land can be used. If you plan to open a business, for instance, you do not want to purchase or lease land zoned as agricultural or residential use. If the land you are interested in is not zoned for your intended use all is not necessarily lost though. A Conditional Use Permit may be the solution.

A design build contract, simply put, is one in which the design-build team works under a single contract. The design build team then works directly with the project owner to provide the necessary construction services. By using a design build contract, the entire project works under one contract, creating one single source of information, instructions, and rules for the project. A design build contract contrasts sharply with the way in which many construction projects are handled wherein the owner contracts with a general contractor

Whether you are planning to purchase land, considering building on land you already own, or are planning to sell land, it is imperative that you are aware of any legal restrictions that may affect your rights to the land. One such restriction is an easement. Most developed land is subject to one or more easements and some undeveloped land may even me subject to an easement. It is important that you understand what an easement is and how it can impact your ability to use the land.

When the owner of real property fails to pay the tax obligation on the property the tax authority may eventually have the right to foreclose on the property. At the end of the foreclosure process the property will be sold at a tax sale. Whether you are a property owner, a lien holder, or a potential purchaser you may wish to know how tax sales work in Pennsylvania.  In the Commonwealth of Pennsylvania there are actually two different types of tax sales – the “Upset Tax Sale” and the “Judicial (Free and Clear) Tax Sale” – both of which are conducted like any other auction with the highest bidder “winning” the property. 

A lien attached to real property can create an issue when the owner of the property wishes to sell the property because liens must be satisfied before, or during, the sale of the property. All liens, however, are not created equally. Liens are paid according to their priority. If you are a creditor who currently has a lien against a property, or who is planning to attach a lien to a property in the Commonwealth of Pennsylvania you may need to know the rules that control lien priority in Pennsylvania.

Whether you are purchasing a “starter home” or investing in commercial real estate, the amount of money that is involved will be substantial. Additionally, you will likely be making a long-term financial commitment to repay that money. With such a large amount of your hard earned money on the line you clearly do not want to make a mistake – and mistakes can happen during the sale and transfer of real property.

One of the biggest concerns when you purchase real property is that the title conveyed to you is free and clear of liens and other encumbrances. Typically, a buyer purchases title insurance to protect against defects in the title. Be aware, however, that a title insurance policy is not an absolute guarantee that you will receive a clear title because there are limits and exclusions with title insurance.

For most people, purchasing a home will be the single most expensive purchase they will make during their lifetime. Along with being expensive, a home is a long-term commitment in terms of time and energy. With all of that in mind, it only makes sense to make sure everything relating to the purchase of the home goes as smoothly as possible. It also means you should take all of the steps available to protect your investment. Purchasing title insurance is one of those steps. Although you have likely been told you need to purchase title insurance, you probably have very little idea of exactly what is included in your commitment.

Owning a home has long been part of the “American Dream.” The home buying process, however, can sometimes seem like a bad dream without the right people helping you and explaining the process along the way. Because few people have the funds to pay for a home purchase outright, the vast majority of buyers obtain a mortgage loan to finance the purchase. Typically, a buyer will start working with a lender weeks, even months, before the actual purchase occurs to ensure that the lender is willing to lend the necessary funds. What happens though is the lender wants to change the terms of the mortgage loan before closing? Can they do that?

For the average person, purchasing a home will be the largest and most important investment they ever make. It can also be a confusing and stressful process given the complexity of the transactions involved and the importance of the outcome. Prospective home buyers are required to navigate a seemingly endless number of steps before they finally become a homeowner. A buyer also typically commits to repaying a sizeable mortgage loan as part of the home buying process. Relying on professionals to assist throughout the home buying process certainly helps; however, as recent scandals have proven, even well-known individuals and institutions in the financial industry are not always above reproach.

The Real Estate Settlement Procedures Act of 1974, or RESPA, was passed in an effort to prevent dishonesty and fraudulent dealings among the entities involved in the buying and selling of property, including lenders, construction companies, real estate agents, and title insurance companies. Because of the complex nature of RESPA it is in your best interest to work closely with a Pennsylvania real estate lawyer if you are planning to purchase real estate; however, a general overview of RESPA may also help you to better understand your rights as a buyer.

A zoning variance is an exception to the existing zoning law. If you own property, or wish to purchase property, and the existing zoning does not allow you to use the property in the way in which you wish to use it, you have two basic options – try to get the zoning changed, or apply for a variance. Re-zoning, or changing the existing zoning, it typically much more complicated and harder to get approved than obtaining a variance because a variance is a one-time exception for a particular property whereas re-zoning permanently changes the existing zoning designation.

In Pennsylvania, the amount you pay in property taxes is determined by your millage rate as well as by an appraisal that is performed on your home. The higher the value that your home is appraised for, the higher your real estate taxes will be.  As a result, residential property tax appeals are focused on challenging the valuation of your appraisal so you can try to get the official value of your home lowered.