Find the right Pennsylvania real estate form

In Pennsylvania, real property is transferred by written deed. The statutory phrase “grant and convey” is significant: when used in a deed, it is effective to pass fee simple title to the grantee if the grantor possesses such title (21 P.S. § 2). Pennsylvania provides statutory short-form deeds (21 P.S. § 1), though their use is not mandatory. The statutory form allows insertion of restrictions, exceptions, special conditions, and general or special warranty covenants.

Forms of Conveyance and Ownership

Warranty deeds, quitclaim deeds, and other recognized forms may be used to convey title. Pennsylvania recognizes several common forms of ownership, including sole ownership, tenancy in common, joint tenancy with right of survivorship, and tenancy by the entireties. Tenancy by the entireties—available only to married couples—carries survivorship rights and specific creditor implications. The form in which title is held determines the legal effect of the conveyance.

Individuals and entities with contractual capacity may acquire and convey real property in Pennsylvania. Aliens may acquire, hold, and dispose of land in the same manner as citizens, subject to statutory acreage limitations found in Title 68 of the Pennsylvania Statutes.

Execution and Acknowledgment

A deed must be signed and acknowledged by the grantor before it may be recorded. The grantor, or two subscribing witnesses, must appear before an officer authorized to take acknowledgments. If executed outside Pennsylvania, acknowledgment must comply with the laws of the state where the act occurred.

Recording and Indexing Requirements

Deeds must be recorded in the office of the Register of Deeds in the county where the property is located. Proper indexing is essential. Pennsylvania requires compliance with statutory indexing standards and the Uniform Parcel Identifier (UPI) law (21 P.S. § 358). In addition, recording typically requires submission of related documentation such as an affidavit of value and residency certification for tax purposes.

Race-Notice Recording Rule

Pennsylvania follows a race-notice recording statute. A deed that is not acknowledged and recorded is void as against a subsequent bona fide purchaser, mortgagee, or judgment creditor without notice whose interest is first recorded (21 P.S. § 351). Recording provides constructive notice to later parties (21 P.S. § 357).

Pennsylvania also contains a unique two-year rule: deeds that remain unrecorded for two years may be deemed fraudulent and void as against subsequent bona fide purchasers or mortgagees without notice (21 P.S. § 443).

Because Pennsylvania ties title protection to proper acknowledgment, indexing compliance, and timely county recording—and because statutory language such as “grant and convey” carries legal significance—careful drafting and prompt recordation are essential to preserve priority and marketable title.