Pennsylvania Act 1931-40 — REAL PROPERTY, WRITTEN AGREEMENT PERTAINING TO

Act text

REAL PROPERTY, WRITTEN AGREEMENT PERTAINING TO
                  Act of Apr. 24, 1931, P.L. 48, No. 40               Cl. 68
                                  AN ACT

     Requiring the recording of certain written agreements pertaining
        to real property, and prescribing the effect thereof as to
        subsequent purchasers, mortgagees, and judgment creditors of
        the parties thereto.

        Section 1.  Be it enacted, &c., That all agreements in
     writing relating to real property situate in this Commonwealth
     by the terms whereof the parties executing the same do grant,
     bargain, sell, or convey any rights or privileges of a permanent
     nature pertaining to such real property, or do release the
     grantee or vendee thereunder against damages which may be
     inflicted upon such real property at some future time, shall be
     acknowledged according to law by the parties thereto or proved
     in the manner provided by law, and shall be recorded in the
     office for the recording of deeds in the county or counties
     wherein such real property is situate.
        Section 2.  The legal effect of the recording of such
     agreements shall be to give constructive notice to subsequent
     purchasers, mortgagees, and/or judgment creditors of the parties
     to said agreements of the fact of the granting of such rights or
     privileges and/or of the execution of said releases, and the
     rights of the subsequent purchasers, mortgagees, and/or judgment
     creditors of the parties to said agreements shall be limited
     thereby with the same force and effect as if said subsequent
     purchasers, mortgagees, and/or judgment creditors had actually
     joined in the execution of the agreement or agreements
     aforesaid.
        Section 3.  In order for a document presented for record to
     the office of a recorder of deeds of a county to be constructive
     notice for the purpose of this act or the act of May 12, 1925
     (P.L.613, No.327), entitled "An act regulating the recording of
     certain deeds, conveyances, and other instruments of writing,
     and fixing the effect thereof as to subsequent purchasers,
     mortgagees, and judgment creditors," or otherwise, the document
     shall be recorded, and one of the following conditions shall be
     satisfied:
        (1)  In counties where the act of January 15, 1988 (P.L.1,
     No.1), known as the "Uniform Parcel Identifier Law," applies,
     the uniform parcel identifier is endorsed or included on the
     document, and it is indexed properly in an index arranged by
     uniform parcel identifiers.
        (2)  The document is indexed properly as to the party in all
     alphabetical indices. In the case of a document affecting title
     to trust property, the document need not be indexed to the
     beneficiary in order to give constructive notice of the trust.
     To the extent this section conflicts with 42 Pa.C.S. § 8141(1)
     (relating to time from which liens have priority), 42 Pa.C.S. §
     8141(1) controls. For purposes of this section, the term
     "document" means a document that is eligible to be recorded in
     the office of the recorder of deeds, including, but not limited
     to, deeds, mortgages, quitclaim deeds, memoranda of lease and
     easements, and includes documents presented for record in
     person, by mail, electronically or in any other manner.
        (3 added July 7, 2006, P.L.596, No.86)
        Section 4.  Nothing contained in this act shall impose
     liability on any recording officer or any political subdivision
     for any mistake, error or inaccuracy in any index.
        (4 added July 7, 2006, P.L.596, No.86)