Important Legislation passed in Pennsylvania.

Tucker Arensberg, P.C.

Repeal of Sunset of Twenty Year Statute of Limitations for Instruments under Seal

Currently instruments “under seal” enjoy a 20 year statute of limitation for enforcement versus the existing 4 year statute of limitation for enforcement of notes or contracts. An instrument under seal is a written agreement marked with the words seal next to the signature line or “under seal”. See 42 Pa.C.S. §5529(b).

Subsection (b)(2) of §5529 provided that the 20-year statute of limitations on actions on instruments under seal was set to expire June 27, 2018.

HB 1979 repeals that sunset. That bill was signed in the Senate on June 20, 2018 and sent to the Governor for signature.

Click this link to view the Act. HB1979 – repeal of sunset of notes under seal

Adverse Possession Period Changed for Certain Residential Properties

On June 19, 2018 the Governor signed HB 352 into law. HB 352 amends Title 42 Pa.C.S. (Judiciary and Judicial Procedure) to REDUCE the standard period of time needed to acquire a title through adverse possession under specified circumstance to 10 years instead of the 21 years that had been required by current law for property which is less than one-half (1/2) acre in size and contain a single-family home. The claimant must also meet all of the underlining requirements of adverse possession under current Pennsylvania law.   The 21 year time frame for adverse possession in other instances remains.  The effective date of the Act will be June 19, 2019.

Click this link to view the Act. HB1979 – repeal of sunset of notes under seal

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Tucker Arensberg, P.C.

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