PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS(R)
21 P.S. § 1 (2012)
§ 1. Form of deed
The form of deed for conveying or releasing lands may be in the following words:
THIS DEED,
Made the ........... day of ............, in the year nineteen hundred and .............., between ............, (Here
insert name or names and residence of grantor or grantors), and ........., (Here insert name or names and
residence of grantee or grantees);
Witnesseth, That in consideration of ........... dollars, in hand paid, the receipt whereof is hereby
acknowledged, the said grantor
do
hereby grant and convey (or release and quit-claim) to
the said grantee, all ........... (Here give location and description of property conveyed or released, with
recital of title if desired.) ........... (If reservations, exceptions, or special conditions, insert same here.)
........... (If covenants of general or special warranty, insert same here.)
In witness whereof, said grantor has hereunto set ........... hand, the day and year first above written.
...........
...........
Signed and delivered
in the presence of
.............
.............
21 P.S. § 2 (2012)
NOTICE: As to contingent partial repeal of this section (from May 28, 1715, 1 Sm.L. 94), see Dec. 9,
P.L. 1530, No. 197, § 11.
§ 2. Words necessary to pass fee simple title
From and after the approval of this act, in any deed or instrument in writing for conveying or releasing
land hereafter executed, unless expressly limited to a lesser estate, the words "grant and convey," or either
one of said words, shall be effective to pass to the grantee or grantees named therein a fee simple title to
the premises conveyed, if the grantor or grantors possessed such a title, although there be no words of
inheritance or of perpetuity in the deed.
21 P.S. § 3 (2012)
NOTICE: This section is repealed in part, pursuant to 2002-197, § 11, approved December 9, 2002, effective in 60 days.
§ 3. Grantor's entire estate and rights conveyed
All deeds or instruments in writing for conveying or releasing land hereafter executed, granting or
conveying lands, unless an exception or reservation be made therein, shall be construed to include all the
estate, right, title, interest, property, claim, and demand whatsoever, of the grantor or grantors, in law,
equity, or otherwise howsoever, of, in, and to the same, and every part thereof, together with all and singular the improvements, ways, waters, watercourses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereto belonging, or in anywise appertaining, and the reversions and remainders,
rents, issues, and profits thereof.
21 P.S. § 4 (2012)
NOTICE: This section is repealed in part, pursuant to 2002-197, § 11, approved December 9, 2002, effective in 60 days.
§ 4. Words grant and convey import covenants of title and quiet enjoyment
The words "grant and convey," or either one of said words, in any deed or instrument in writing for
conveying or releasing land hereafter executed, shall be adjudged an express covenant to the grantee, his
heirs and assigns; to wit, That the grantor was seized of an indefeasible estate in fee simple in the property
conveyed, freed from incumbrances done or suffered from the grantor, as also for quiet enjoyment against
the grantor, his heirs and assigns, unless limited by express words contained in such deed.
21 P.S. § 5 (2012)
§ 5. "Warrant generally" construed
A covenant or agreement by the grantor or grantors, in any deed or instrument in writing for conveying
or releasing land that he, they, or it "will warrant generally the property hereby conveyed," shall have the
same effect as if the grantor or grantors had covenanted that he or they, his or their heirs and personal
representatives or successors, will forever warrant and defend the said property, and every part thereof,
unto the grantee, his heirs, personal representatives and assigns, against the lawful claims and demands of
all persons whomsoever.
21 P.S. § 6 (2012)
§ 6. "Warrant specially" construed
A covenant or agreement by the grantor or grantors in any deed or instrument in writing for conveying
or releasing land that, he, they, or it "will warrant specially the property hereby conveyed," shall have the
same effect as if the grantor or grantors had covenanted that he or they, his or their heirs and personal
representatives or successors, will forever warrant and defend the said property, and every part thereof,
unto the said grantee, his heirs, personal representatives and assigns, against the lawful claims and demands of the grantor or grantors, and all persons claiming or to claim by, through, or under him or them.
21 P.S. § 7 (2012)
§ 7. "Release and quitclaim" construed
Whenever, in any deed or instrument in writing for conveying or releasing land, there shall be used the
words "release and quit claim," such deed or instrument in writing or conveying or releasing land shall be
construed as if it set forth that the grantor or grantors hath or have remised, released, and quit-claimed,
and by these presents doth or do remise, release, and forever quit-claim, unto the grantee, his heirs and
assigns, all right, title, interest, property, claim, and demand whatsoever, both in law and in equity, in or
to the lands or premises released, or intended so to be, so that neither the grantor or grantors, nor his or
their personal representatives, his or their heirs or assigns, shall, at any time thereafter, have, claim, challenge, or demand the said lands and premises, or any part thereof, in any manner whatever.
21 P.S. § 8 (2012)
§ 8. Force and effect of words "grant, bargain," etc.
All deeds to be recorded in pursuance of this act, whereby any estate of inheritance in fee simple shall
hereafter be limited to the grantee and his heirs, the words grant, bargain, sell, shall be adjudged an express covenant to the grantee, his heirs and assigns, to-wit: That the grantor was seized of an indefeasible
estate in fee simple, freed from incumbrances done or suffered from the grantor (excepting the rents and
services due to the lord of the fee), as also for quiet enjoyment against the grantor, his heirs and assigns,
unless limited by express words contained in such deeds, and that the grantee, his heirs, executors, administrators and assigns, may in any action assign breaches, as if such covenants were expressly inserted:
Provided always, That this act shall not extend to leases at rack-rent, or to leases not exceeding one and
twenty years, where the actual possession goes with the lease.
21 P.S. § 10 (2012)
§ 10. Deeds effective without seal
All deeds or instruments in writing for conveying or releasing lands made by any natural person, either
in his individual capacity or as a fiduciary, duly signed by the grantors in the manner now provided by
law, but with no seal affixed thereto, shall be deemed to be executed with the same force and effect in all
respects as though a seal was affixed to the signature, and all such instruments in writing, signed by the
grantors, but with no seal affixed thereto, shall be deeds for all purposes within the purview of all acts or
parts of acts of Assembly relating to or concerning deeds for the conveyance or releasing of lands.
21 P.S. § 10.1 (2012)
§ 10.1. Uniform parcel identifier; conveyances, mortgages, releases, and other instruments
(a) In counties adopting a uniform parcel identifier system under statutory provisions on parcel identification, all conveyances, mortgages or releases or other instruments affecting real estate included in the
system may be made by reference to the uniform parcel identifier of the real estate being conveyed,
mortgaged, released or otherwise affected as indicated on the recorded county tax maps. The first conveyance, mortgage, release or other instrument affecting real estate recorded after the adoption of an ordinance under the statutory provisions on parcel identification shall contain the uniform parcel identifier
assigned to the parcel or parcels affected by such instrument. Thereafter, the first conveyance after a
change of size and description of real estate represented by a uniform parcel identifier shall contain, in
addition to the uniform parcel identifier assigned to the parcel, or parcels affected by the instrument, either:
(1) A metes and bounds description based on a precise survey; or
(2) A lot number and reference to a recorded subdivision plan which plan on its face shows metes and
bounds prepared by a professional land surveyor as required by the act of May 23, 1945 (P.L. 913, No.
367), known as the "Professional Engineers Registration Law." Any subdivision plan which was prepared
prior to the effective date of the aforesaid "Professional Engineers Registration Law," which contains
metes and bounds, shall be acceptable for compliance with these provisions, except that no requirement
for metes and bounds description by survey or subdivision plan shall be necessary for any conveyance,
transfer, mortgage, release or other purpose involving a right-of-way, surface or subsurface easement or
oil, gas or mineral lease or other interest or any subsurface estate. Further, as to any mortgages recorded
which seek to grant an interest in real estate which real estate has not obtained a parcel identifier, the failure to refer to the uniform parcel identifier for each such interest or the failure to include a deed reference
for each such interest shall not affect the lien of such mortgage.
(b) Any subsequent conveyance, mortgage, release or other instrument affecting real estate so made by
reference to the uniform parcel identifier and the record location where the metes and bounds description
or first number and reference to a recorded plot plan last appears shall be as effective to pass title or affect
title to the real estate so described as it would be if the premises had been described by the metes and
bounds description used in the first instrument so recorded or appearing in the recorded subdivision plan.
(c) The uniform parcel identifier, the recorded tax map or record thereof or the recorded subdivision
plan shall be received in evidence and in all courts and places as describing the real estate therein desig-
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21 P.S. § 10.1
nated as though the same were set forth in full as appearing in the first conveyance, mortgage, release or
other instrument or as shown on the recorded subdivision plan.
21 P.S. § 15 (2012)
§ 15. Title to party wall to pass with ground
In all conveyances of houses and buildings, the right to, and compensation for, the party wall built
therewith, shall be taken to have passed to the purchaser, unless otherwise expressed; and the owner of
the house for the time being shall have all the remedies in respect to such party wall as he might have in
relation to the house to which this attached; and so much of any previous law as is inconsistent with the
provisions of this section is hereby repealed.
21 P.S. § 41 (2012)
§ 41. Deeds made out of the province are valid
All deeds and conveyances made and granted out of this province, and brought hither and recorded in
the county where the lands lie (the execution whereof being first proved by the oath or solemn affirmation
of one or more of the witnesses thereunto, before one of more of the justices of the peace of this province,
or before any mayor or chief magistrate or officer, of the cities, towns or places, where such deeds or
conveyances are or shall be made or executed, and accordingly certified under the common or public seal
of the cities, towns or places, where such deeds or conveyances are so proved respectively), shall be as
valid as if the same had been made, acknowledged or proved, in the proper county where the lands lie in
this province.
21 P.S. § 42 (2012)
§ 42. Deeds to be acknowledged before recording
All bargains and sales, deeds and conveyances of lands, tenements and HEREDITAMENTS, in this
province, may be recorded in the said office; but before the same shall be so recorded, the parties concerned shall procure the grantor or bargainer named in every such deed, or else two or more of the witnesses (who were present at the execution thereof), to come before one of the justices of the peace of the
proper county or city where the lands lie, who is hereby empowered to take such acknowledgment of the
grantor, if one, or of one of the grantors, if more.
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21 P.S. § 43
21 P.S. § 43 (2012)
§ 43. Proof of execution where grantor is dead or cannot appear
But in the case the grantor be dead, or cannot appear, then the witnesses brought before such justice
shall by him be examined upon oath or affirmation, to prove the execution of the deed then produced.
Whereupon the same justice shall, under his hand and seal, certify such acknowledgment or proof upon
the back of the deed, with the day any year when the same was made, and by whom, and that after the
recorder has recorded any of the said deeds, he shall certify on the back thereof, under his hand and seal
of his office, the day he entered it, and the name or number of the book or roll, and page, where the same
is entered.
21 P.S. § 44 (2012)
§ 44. Proof of deeds where grantor and witnesses are dead or cannot be found
Whereas there is no provision made by the act, to which this is a supplement, for the proving deeds or
conveyances where the grantors and the witnesses are deceased; for remedy whereof, Be it enacted, That
from and after the publication of this act, where the grantors and witnesses of any deed or conveyance are
deceased, or cannot be had, it shall and may be lawful to and for any of the justices of the supreme court,
or any justice of the court of common pleas of the county where the lands lie, to take the examination of
any witness or witnesses, on oath or affirmation, to prove the handwriting of such deceased witness or
witnesses, or where such proof cannot be had, then to prove the handwriting of the grantor or grantors,
which shall be certified by the justice before whom such proof shall be made, and such deed or conveyance, being so proved, shall be recorded as is usual in other cases directed by the said act.
21 P.S. § 45 (2012)
§ 45. Proof of deeds without subscribing witnesses, where one or more of the parties is dead
Where there is no subscribing witness to any deed and conveyance, or other instrument of writing,
concerning lands, tenements or hereditaments, which might be recorded if probated according to existing
laws, and any of the parties thereto shall be deceased, it shall and may be lawful to and for any of the
judges of the supreme court, or any judge, learned in the law, of the court of common pleas of the county
where the lands lie, to take the examination of any witness or witnesses, on oath or affirmation, to prove
the handwriting of such deceased party or parties, and of the surviving party or parties which shall be certified by the judge before whom such proof shall be made; and such deed, conveyance or other instrument
of writing, being so proved by two or more witnesses, and so certified, shall be recorded as in other cases
under the acts relating to the recording of deeds: Provided, That in addition to the proofs so made by two
or more witnesses the surviving party or parties to such deed, conveyance or other instrument of writing,
shall also be examined, on oath or affirmation, before said judge, as to the handwriting of such deceased
party.
21 P.S. § 46 (2012)
§ 46. Certificate of acknowledgment prima facie evidence thereof and of execution
Where any deed, conveyance or other instrument of writing has been or shall be made and executed,
either within or out of this state, and the acknowledgment or proof thereof duly certified, by any officer
under seal, according to the existing laws of this commonwealth, for the purpose of being recorded therein, such certificate shall be deemed prima facie evidence of such execution and acknowledgment, or
proof, without requiring proof of the said seal, as fully, to all intents and purposes, and with the same effect only, as if the same had been so acknowledged or proved before any judge, justice of the peace or
alderman within this commonwealth.
21 P.S. § 49 (2012)
§ 49. Validity of deeds made and acknowledged by husband and wife out of state
All deeds and conveyances made and executed by husband and wife, not residing within this province,
and brought hither to be recorded in the county where the lands lie (the acknowledgments thereof being
taken and made, in the manner hereinbefore directed, before any mayor or chief magistrate, or officer of
the cities, towns or places, where such deeds or conveyances are or shall be made or executed, and certified under the common or public seal of such cities, towns or places), shall be as valid and effectual in
law as if the same had been made and acknowledged in manner aforesaid, before any judge of the supreme court of this province, or before any justice of the court of common pleas, for the county where the
lands lie, anything herein contained to the contrary notwithstanding.
21 P.S. § 81 (2012)
§ 81. Form of certificate of acknowledgment
The form of certificate of acknowledgment of individuals (single or married) of any deed may be in
the following words:-Commonwealth of Pennsylvania, )
)
ss:
County of
)
.
On this ........... day of ........... A.D. 19...., before me, a ........... in and for ............, came the above
named ........... and acknowledged the foregoing deed to be ......... act and deed, and desired the same to be
recorded as such.
Witness my hand and ........... seal, the day and year aforesaid.
(Seal)
...........
...........
(Official character.)
My commission expires ...........
21 P.S. § 82 (2012)
§ 82. Acknowledgments by married woman
Acknowledgments of any married woman of any deeds, mortgages or other instruments of writing,
required by law to be acknowledged, shall be taken by any judge, justice of the peace, notary public, or
other person authorized by law to take acknowledgments of deeds, et cetera, in same manner and form as
though said married woman were feme-sole; said acknowledgment to have the same force and effect as if
taken separate and apart from the husband of said married woman.
21 P.S. § 111 (2012)
§ 111. Corporate acknowledgments by appointed attorney; form of appointment
A corporation may acknowledge any deed, conveyance, mortgage or other instrument of writing by an
attorney appointed by such corporation, and such appointment may be embodied in said deed, conveyance, mortgage or other instrument of writing in substantially the following form: The (name of corporation) doth hereby constitute and appoint (name of appointee) to be its attorney for it, and in its name and
as and for its corporate act and deed to acknowledge this (name of instrument), before any person having
authority by the laws of the commonwealth of Pennsylvania to take such acknowledgment, to the intent
that the same may be duly recorded.
21 P.S. § 112 (2012)
§ 112. Who may take such acknowledgment; form of certificate
Such acknowledgment may be made before any person or officer now or hereafter to be authorized by
the laws of this commonwealth to take acknowledgments of deeds or other instruments of writing, whose
certificate of such acknowledgment shall be in substantially the following form: I hereby certify that on
this
day of
, in the year of our Lord and
, before me, the subscriber (title of officer
taking acknowledgment), personally appeared (name of attorney) the attorney named in the foregoing
(name of instrument), and by virtue and in pursuance of the authority therein conferred upon him,
acknowledged the said (name of instrument) to be the act of the said (corporation's name). Witness my
hand and
seal the day and year aforesaid.
21 P.S. § 185 (2012)
§ 185. Acknowledgments in territories of United States
The provisions of the third section of the act of assembly of this commonwealth, approved December
14, 1854, authorizing acknowledgments, in certain cases, to be taken before any officer or magistrate of
the state wherein such deeds, powers of attorney, or other instruments of writing, therein mentioned, are
executed, be and are hereby extended so as to authorize such acknowledgments to be taken before any
officer or magistrate of any territory of the United States, created and organized by act of Congress, authorized by the laws of such territory to take acknowledgments of such deeds, powers of attorney, or other
instruments of writing; and all deeds, powers of attorney or other instruments of writing which have been
executed prior to the passage of this act, in any territory, created by act of Congress, and acknowledged
before any officer or magistrate of such territory, authorized by the laws of such territory to take acknowledgments of deeds, powers of attorney, or other instruments of writing, shall be as valid, to all intents and purposes, as if such territory had been one of the states of this Union.
21 P.S. § 186 (2012)
§ 186. May be taken in the District of Columbia
The provisions of the third section of the act of assembly entitled "An act relating to the authentication
of letters of attorney, protests of notaries public and assignments made out of the state and to the acknowledgment of deeds," approved December 14, 1854, for taking and certifying acknowledgments of
deeds and other instruments of writing, executed in any of the United States, are hereby extended to the
District of Columbia, with like effect as if the said district had been therein specially mentioned and included; and all such acknowledgments heretofore taken and certified in the said district, in the manner
provided in said section, are hereby validated and confirmed, and the deeds and other instruments so
acknowledged, and the records thereof when recorded, shall be deemed as valid and effectual as if said
district had been mentioned and included in the provisions of said section.
21 P.S. § 187 (2012)
§ 187. Acknowledgments in Cuba, and the island possessions, valid
All deeds, mortgages or other instruments of writing, heretofore made or which may hereafter be made
by any person or corporation, concerning lands, tenements, hereditaments or property, or any estate or
interest therein, lying or being within this commonwealth, heretofore acknowledged or proved, or which
may hereafter be acknowledged or proved, in the manner directed and provided by the laws of this commonwealth, before any person holding the rank of major or any higher rank in the military service of the
United States in Cuba, or in Porto Rico, the Philippine Islands, or other possessions of the United States,
whether in the regular or volunteer service, or before any civil officer in the service of the United States in
any of the said places hereinbefore referred to, shall be valid to all intents and purposes, and be in like
manner entitled to be recorded as if the same had been duly acknowledged and proven before a notary
public or other officer within this commonwealth having authority to take such proofs or acknowledgments according to the existing laws of this commonwealth.
21 P.S. § 188 (2012)
§ 188. The record of instruments so acknowledged previously, validated
And where any such instruments, so acknowledged before the officers hereinbefore referred to, have
heretofore been admitted to record in the proper office of this commonwealth, the record thereof shall be
as good and valid as if same had been recorded subsequent to the passage of this act.
21 P.S. § 222 (2012)
§ 222. Ambassadors, public ministers, etc.
All ambassadors, ministers plenipotentiary, charges d'affaires, or other persons exercising public ministerial functions, duly appointed by the United States of America, shall have full power and authority to
take all acknowledgments and proofs of any deeds, conveyances, settlements, mortgages, agreements
powers of attorney, or other instruments under seal relating to real or personal estate, made or executed in
any foreign country or state, by any person or persons, or by husband and wife, in the manner and according to the forms required by the laws of this commonwealth, and to administer all oaths or affirmations necessary or required for the purposes aforesaid; and that all acknowledgments and proofs heretofore made by any or either of the persons aforesaid, before any of the officers aforesaid, in the manner
and according to the forms aforesaid, and hereby ratified and confirmed, and the same, and the records of
the instruments aforesaid, if the said instruments have been heretofore recorded, are declared to be as
valid and effectual as if the said acknowledgments, proofs and records had been respectively made, taken
and recorded under the provisions hereof.
21 P.S. § 223 (2012)
§ 223. Deputy consuls and commercial agents, etc., of United States
All conveyances, mortgages or other instruments of writing, heretofore made, or which may hereafter
be made by any person or corporation, concerning any lands, tenements, hereditaments or property, or
any estate or interest therein, lying or being within this commonwealth, heretofore acknowledged or
proved, or hereafter acknowledged or proved, in the manner directed and provided by the laws of this
commonwealth, before any deputy consul, commercial agents, vice and deputy commercial agents, or
consular agents of the United States, duly appointed for and exercising the functions of his office, in the
place where such acknowledgment has been or may be taken, and certified under the public official seal
of such deputy consul, commercial agents, vice and deputy commercial agents or consular agents, shall be
valid to all intents and purposes, and be in like manner entitled to be recorded, as if the same had been
duly acknowledged and proven before a notary public, or other officer, within this commonwealth, having
authority to take such proofs or acknowledgments according to the existing laws of this commonwealth,
and where any such instruments so acknowledged before such consular officers have heretofore been admitted to record in the proper office in this commonwealth, the record thereof shall be as good and valid
as if they had been recorded subsequent to the passage of this act: Provided, That this act shall not apply
to any case in which an action is now pending or has been heretofore judicially decided.
21 P.S. § 224 (2012)
§ 224. Acknowledgments taken before commissioners in chancery in foreign countries
In all cases of the sale, conveyance, mortgage or other instrument of writing, heretofore made or which
may be hereafter made by any person, or husband and wife, concerning any lands, tenements or hereditaments, or any estate or interest therein, lying or being within this commonwealth, and heretofore
acknowledged or proved, or hereafter acknowledged or proved, before any commissioner in chancery in
any foreign country, according to the forms now or hereafter required by the laws of this state relative to
such acknowledgment or probate, duly certified under the seal of office of such commissioner in chancery, shall be valid to all intents and purposes, and be in like manner entitled to be recorded, as if the
same had been duly acknowledged or proven according to the existing laws of this commonwealth: Provided, That no case heretofore decided judicially shall be affected by this act.
21 P.S. § 252 (2012)
§ 252. Deeds defective in form
No deed, grant, conveyance or assurance, heretofore made, of any lands, tenements or hereditaments
whatsoever, shall be judged or taken to be defective, avoided or prejudiced, for or by reason of any want
of form, or formal or orderly parts of a deed, as the Premises, Habendum, Tenendum, Reddendum, the
Clause of Warrantee, the Conclusion, In Witness whereof, and the Date, or for Mis-naming, Mis-recital,
or Non-recital of any of the said lands or hereditaments, or for Mis-recital or Non-recital, or not mentioning, or not true mentioning, of the grantor's estate of, in or to, the premises, or for want of Livery and Seizin, or attournment, or proofs of the consideration money actually paid, or for not producing in court, upon trial, any of the said deeds or grants, recited in the said conveyances, or for not being recorded in the
Rolls-office; but that all and every the said deeds, grants and conveyances, releases and assurances, shall
be and are hereby declared and enacted to be good and available in law, and shall be expounded as the
law of this province was when they were made, and shall conclude all strangers, as well as privies to the
same: saving to every person and persons, other than to the said grantors, their heirs and successors, all
such rights, titles, estates, claims and interests, as they or any of them had or ought to have of, in or to the
said lands, tenements and hereditaments, or any part thereof, at the time when such deeds or conveyances
were sealed and delivered, so as they do pursue their said rights, titles, claims or interests, by way of action or lawful entry, before the first day of October, which shall be in the year of our Lord 1710.
21 P.S. § 255 (2012)
§ 255. Conveyances by married women
Nothing contained in the first section of the act to which this is a supplement shall be taken to affect,
or apply to, the separate estate of a married woman where the right to convey or encumber the same has
been withheld in the will, deed, or other instrument, by which the said separate estate of the said married
woman was created.
21 P.S. § 261 (2012)
§ 261. Acknowledgments made in any of the United States by husband and wife
Any and every grant, bargain and sale, release, or other deed of conveyance or assurance of any lands,
tenements or hereditaments in this commonwealth, heretofore bona fide made, executed and delivered by
husband and wife, within any other of the United States, where the acknowledgment of the execution
thereof has been taken and certified by any officer or officers in any of the states where made and executed, who was or were authorized by the laws of such state to take and certify the acknowledgment of
deeds of conveyance of lands therein, shall be deemed and adjudged to be as good, valid and effectual in
law for transferring, passing and conveying the estate, right, title and interest of such husband and wife,
of, in and to the lands, tenements and hereditaments therein mentioned, and be in like manner entitled to
be recorded, as if the acknowledgment of the execution of the same deed had been in the same and like
way, manner and form taken and certified by any judge, alderman or justice of the peace, of and within
this commonwealth.
21 P.S. § 262 (2012)
§ 262. Conveyances by trustees
Whenever heretofore real property has been conveyed to any person as "Trustee," without naming the
cestuis que trustent, and without declaring the purpose of the trust, and such trustee has thereafter, in good
faith, made a conveyance of such property to a third person, in his own name as "Trustee," without disclosing the cestuis que trustent, or without showing his right to make such conveyance, when the deed
given by such trustee is otherwise in proper form and capable of conveying the estate intended--such deed
and conveyance are hereby made good and valid and effectual to transfer, pass, and convey the estate,
right, title, and interest of the cestuis que trustent for whom the trustee held, in and to such real property.
21 P.S. § 265 (2012)
§ 265. Deeds made in any other state
Any and every deed of grant, bargain and sale, release, or other deed of conveyance or assurance of
any lands, tenements or hereditaments in this commonwealth, heretofore bona fide made, executed and
delivered by husband and wife, or other grantor or grantors, within any other of the United States, where
the acknowledgment of the execution thereof has been taken and certified by any officers in the state
where the same was made and executed, and the acknowledgment thereof taken, who was authorized by
the laws of such state to take and certify the acknowledgment of deeds of conveyance of lands therein,
shall be deemed and adjudged to be as good, valid and effectual in law, for transferring, passing and conveying the estate, right, title and interest of such husband and wife, or other grantor or grantors of, in and
to the lands, tenements and hereditaments therein mentioned, and be in like manner entitled to be recorded, and if recorded, such record thereof shall be as good and effectual as if the acknowledgment of the
execution of the same deed had been in the same and like way, manner and form, taken and certified by
any judge, alderman or justice of the peace of and within this commonwealth.
21 P.S. § 266 (2012)
§ 266. Sales by executors under wills probated in other states alone
All deeds and conveyances of lands within this commonwealth, made and executed, and duly recorded
in the county where the lands therein conveyed lie, more than twenty-one years before the passage of this
act, under the authority of any last will and testament, by the executor or executors thereof, the said will
having been duly proved, and letters testamentary granted, as prescribed by the laws of the state of which
the testator was a citizen at the time of his death, shall be held to have the same force and effect to pass
and convey the estate that was in the testator at the time of his decease, and intended to be conveyed by
the deed or conveyance, as if such will had been duly proved and letters testamentary granted within this
commonwealth: Provided, That nothing herein contained shall affect the rights of parties to any suit now
pending.
21 P.S. § 281.1 (2012)
§ 281.1. Defective acknowledgments prior to 2005
No grant, bargain and sale, feoffment, deed of conveyance, release, assignment, mortgage or other assurance of lands, tenements and hereditaments, whatsoever, bearing date prior to the year two thousand
five, made, executed and delivered by husband and wife, or by any person or trustee or attorney in fact for
any other person or persons, to a bona fide purchaser or purchasers for a valuable consideration, and
acknowledged before any officer duly authorized by law to take such acknowledgment, shall be deemed,
held or adjudged invalid or defective or insufficient in law by reason of any informality or defect in such
acknowledgment as not being made according to law, or because the date of the acknowledgment predates the date of the instrument, or by reason of the acknowledgment thereto having been made by any
trustee or attorney in fact in his individual capacity instead of as such trustee or attorney in fact; but all
and every such grant, bargain and sale, feoffment, deed of conveyance, release, assignment, mortgage or
other assurance, so made, executed and acknowledged, as aforesaid, shall be as good, valid and effectual
in law for transferring, passing and conveying the estate, right, title and interest of such husband and wife
of, in and to the lands, tenements and hereditaments mentioned in the same, as if all the requisites and
particulars of such acknowledgment had been made according to law, and as if such trustee or attorney in
fact had made the acknowledgment thereto in such capacity; and the record of the same duly made in the
proper office for recording of deeds in this Commonwealth, and exemplifications of the same duly certified, shall be legal evidence in all cases in which the original would be competent evidence.
21 P.S. § 286 (2012)
§ 286. Acknowledgments by persons in armed forces; validation; record; evidence
All acknowledgments of written instruments made by any person while on active duty with the armed
forces of the United States in the manner and form prescribed by the Uniform Acknowledgment Act, approved the twenty-fourth day of July, one thousand nine hundred forty-one (Pamphlet Laws 490), or in
the manner and form in general use in the Commonwealth prior to the effective date of said act (even
though made subsequent to such effective date), are hereby validated and all such instruments in writing
so acknowledged and certified, may be offered in evidence without further proof, and if such instrument
so acknowledged and certified conveys, or relates to or concerns any interest in lands, it may be recorded
in the recorder's office of the county or counties where such lands lie, and the record of same made before
or after the passage of this act shall be constructive notice of all matters contained therein, and such record or exemplification of same, duly certified, shall be legal evidence in all cases in which the original
would be competent evidence, notwithstanding the fact that such acknowledgments were not made before
any of the persons authorized to take such acknowledgments by the act, approved the twenty-first day of
May, one thousand nine hundred forty-three (Pamphlet Laws 316), if the same were taken before any
person at any time prior to the effective date of said act authorized to take such acknowledgments, and
notwithstanding any defect in the form or certification of such acknowledgments.
21 P.S. § 287 (2012)
§ 287. Deed or transfer without certificate showing residence
When any real estate or interest in real estate has been or is in the future conveyed or transferred to any
person, and the deed or transfer therefor properly executed and recorded in the office of the proper recorder of deeds without containing a certificate setting forth the precise residence of the grantee as required by law, such deed or transfer is hereby validated and the title to such real estate or interest so conveyed or transferred is hereby declared good and valid notwithstanding such omission.
21 P.S. § 289 (2012)
§ 289. Records of legal instruments having defective acknowledgments
The records of all legal instruments which, by law, are directed to be recorded or are entitled to be recorded, and which have been duly executed by the proper party or parties, and which have been acknowledged to and certified by a qualified officer without this State but in the United States, a territory or insular possession of the United States or the District of Columbia, notwithstanding the absence of any authentication, affirming the official character of such officer in conformity with the laws of this Commonwealth in force at the time such instrument was acknowledged, are hereby severally made as valid and
effective in law as if each such instrument had been fully acknowledged, certified and authenticated. The
record of each such instrument, or the original of such instrument itself, shall be admitted as evidence in
all courts of this Commonwealth, and shall be as valid and conclusive evidence as if such instrument had
been in all respects acknowledged and the acknowledgement certified and authenticated in accordance
with the then existing law.
21 P.S. § 291.1 (2012)
§ 291.1. Acknowledgment of instruments
Any instrument may be acknowledged in the manner and form now provided by the laws of this State
or as provided by this act.
21 P.S. § 291.2 (2012)
§ 291.2. Acknowledgment within the State
The acknowledgment of any instrument may be made in this State before-(1) A judge of a court of record;
(2) A clerk, prothonotary or deputy prothonotary or deputy clerk of a court having a seal;
(3) A recorder of deeds or deputy recorder of deeds;
(4) A notary public;
(5) A justice of the peace, magistrate or alderman.
21 P.S. § 291.3 (2012)
§ 291.3. Acknowledgment within the United States
The acknowledgment of any instrument may be made without the State, but within the United States,
or a territory or insular possession of the United States, or the District of Columbia, and within the jurisdiction of the officer before-(1) A clerk or deputy clerk of any federal court;
(2) A clerk, prothonotary or deputy prothonotary or deputy clerk of any court of record of any state or
other jurisdiction;
(3) A notary public;
(4) A recorder of deeds.
21 P.S. § 291.4 (2012)
§ 291.4. Acknowledgment without the United States
The acknowledgment of any instrument may be made without the United States before-(1) An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general,
consul, vice-consul, commercial attache or consular agent of the United States accredited to the country
where the acknowledgment is made;
(2) A notary public of the country where the acknowledgment is made;
(3) A judge or clerk of a court of record of the country where the acknowledgment is made.
21 P.S. § 291.5 (2012)
§ 291.5. Requisites of acknowledgment
The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument.
21 P.S. § 291.6 (2012)
§ 291.6. Acknowledgment by a married woman
An acknowledgment of a married woman may be made in the same form as though she were unmarried.
21 P.S. § 291.7 (2012)
§ 291.7. Forms of certificates
An officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially
in one of the following forms:
(1) By individuals-State of
County of
On this, the
appeared
day of
, 19
, before me
, the undersigned officer, personally
, known to me (or satisfactorily proven) to be the person whose name
subscribed to the within instrument, and acknowledged that
same for the purposes therein contained.
he
executed the
In witness whereof, I hereunto set my hand and official seal.
Title of Officer
(2) By a corporation-State of
County of
On this, the
day of
, 19
, before me
, the undersigned officer,
personally appeared
, who acknowledged himself to be the
of
, a corporation, and that he as such
, being authorized to do so, executed the foregoing instrument
for the purposes therein contained by signing the name of the corporation by himself as
.
In witness whereof, I hereunto set my hand and official seal.
Title of Officer
Any deed, conveyance, mortgage or other instrument in writing, made and executed by a corporation,
may be acknowledged by any officer of said corporation whose signature appears on such deed, conveyance, mortgage or other instrument in writing, in execution or in attestation of the execution thereof.
(3) By an attorney in fact-State of
County of
On this, the
day of
, 19
, before me
, the undersigned officer, personally
appeared
, known to me (or satisfactorily proven) to be the person whose name is subscribed as
attorney in fact for
, and acknowledged that he executed the same as the act of his principal
for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Title of Officer
(4) By any public officer or deputy thereof or by any trustee, administrator, guardian or executor-State of
County of
On this, the
day of
, 19
, before me
, the undersigned officer, personally
appeared
of the State (County or City as the case may be) of
known to me (or
satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he
executed the same in the capacity therein stated and for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Title of Officer
(5) By an attorney at law-State of
County of
On this, the
day of
, 19 , before me
, the undersigned officer,
personally appeared
, known to me (or satisfactorily proven) to be a member of the
bar of the highest court of said state and a subscribing witness to the within instrument, and certified that
he was personally present when
whose name
subscribed to the within
instrument executed the same, and that said person
acknowledged that
he
executed the same for the purposes therein
contained.
In witness whereof, I hereunto set my hand and official seal.
Title of Officer
21 P.S. § 291.8 (2012)
§ 291.8. Execution of certificate
The certificate of the acknowledging officer shall be completed by his signature, his official seal, if he
has one, the title of his office, and, if he is a notary public, the date his commission expires. The existence
Page 19
21 P.S. § 291.8
or absence of an embossed impression on documents left for recording in the office of the recorder of
deeds may be disregarded by the recorder.
21 P.S. § 291.9 (2012)
§ 291.9. Authentication of acknowledgments
(1) If the acknowledgment is taken within this State, or if taken without this State by an officer of this
State, or is made without the United States by an officer of the United States, no authentication shall be
necessary.
(2) If the acknowledgment is taken without this State, but in the United States, a territory or insular
possession of the United States or the District of Columbia, no authentication shall be necessary if the
official before whom the acknowledgment is taken affixes his official seal to the instrument so acknowledged otherwise the certificate shall be authenticated by a certificate as to the official character of such
officer, executed, (1) if the acknowledgment is taken by a clerk or deputy clerk of a court, by the presiding judge of the court, or, (2) if the acknowledgment is taken by some other authorized officer, by the official having custody of the official record of the election, appointment or commission of the officer taking such acknowledgment.
(3) If the acknowledgment is made without the United States and by a notary public or a judge or clerk
of a court of record of the country where the acknowledgment is made, the certificate shall be authenticated by a certificate under the great seal of state of the country, affixed by the custodian of such seal, or
by a certificate of a diplomatic, consular or commercial officer of the United States accredited to that
country, certifying as to the official character of such officer.
21 P.S. § 291.10 (2012)
§ 291.10. Acknowledgments under laws of other states
Acknowledgments under laws of other states. Notwithstanding any provision of this act contained, the
acknowledgment of any instrument without this State in compliance with the manner and form prescribed
by the laws of the place of its execution, if in a state, a territory or insular possession of the United States,
or in the District of Columbia, verified by the official seal of the officer before whom it is acknowledged
or authenticated, in the manner provided by section 9, subsection (2) hereof, shall have the same effect as
an acknowledgment in the manner and form prescribed by the laws of this State for instruments executed
within the State.
21 P.S. § 291.10a (2012)
§ 291.10a. Acknowledgment by persons serving in or with the armed forces of the United States or their
dependents within or without the United States
In addition to the acknowledgment of instruments in the manner and form and as otherwise now or
hereafter authorized by the laws of this State or by this act, persons serving in or with the armed forces of
the United States or their dependents, wherever located, may acknowledge the same before any commissioned officer in active service of the armed forces of the United States with the rank of Second Lieutenant or higher in the Army, Air Force, or Marine Corps, or Ensign or higher in the Navy or Coast Guard.
The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No authentication of the officer's certificate of acknowledgment shall be required but the
officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the
following form:
"On this the ........... day of ........... 19..., before me ...................
, the undersigned officer, personally appeared ...................., (Serial No.) ........... (if any) known to me (or
satisfactorily proven) to be (serving in or with the armed forces of the United States) (a dependent of
...................
............... (Serial No.) ........... (if any) a person serving in or with the armed forces of the United States)
and to be the person whose name is subscribed to the within instrument and acknowledged that .... he ....
executed the same for the purposes therein contained. And the undersigned does further certify that he is
at the date of this certificate a commissioned officer of the rank stated below and is in the active service of
the armed forces of the United States.
Signature of the Officer
Rank and Serial No. of Officer and Command to which attached".