act-1885-0-128•Pennsylvania Act 1885-128 — GROUND RENTS, CREATION PROHIBITED
Pennsylvania Act 1885-128 — GROUND RENTS, CREATION PROHIBITED
act-1885-0-1281885 Pa. Act 128Law
Act text
GROUND RENTS, CREATION PROHIBITED
Act of Jun. 24, 1885, P.L. 161, No. 128 Cl. 68
AN ACT
To prohibit the creation of irredeemable ground rents and to
prevent ground rents from becoming irredeemable and non-
extinguishable.
WHEREAS, The policy of this Commonwealth has always been to
encourage the free transmission of real estate and to remove
restrictions on alienations;
Therefore,
Section 1. Irredeemable and non-extinguishable ground rents
prohibited
From and after the passage of this act no irredeemable or
non-extinguishable ground rent shall be charged upon, or be
reserved out of or for any land within this commonwealth. Nor
shall any omission to provide for the redemption of any ground
rent, or rent charged, nor any option, agreement, contract,
covenant or condition contained in any deed hereafter to be
made, charging or reserving ground rent, be in any wise
construed or interpreted to make such ground rent irredeemable,
or prevent the extinguishment thereof; nor shall any ground
rent or rent charge, hereafter to be charged or reserved as
aforesaid, be construed or interpreted to be or become
irredeemable or non-extinguishable, by reason of any failure to
pay the sum of money, mentioned in the deed to be paid for the
extinguishment of the rent, within the time fixed by the deed,
nor shall the period for the extinguishment of any such rent be
postponed longer than twenty-one years, or a life, or lives in
being. And it shall be lawful for the owner or owners of the
real estate, upon or out of which any such rent shall hereafter
be charged or reserved, to pay at the time fixed by the deed, or
by this act, or at any time thereafter, the full amount of the
principal of said rent, with all arrearages of the said rent to
the time of such payment: Provided however, That in case there
shall not be any principal sum fixed for the extinguishment of
the ground rent, in the deed charging or reserving the same,
then said ground rent may be redeemed or extinguished by the
payment of such sum, as will produce a yearly interest, equal in
amount to the said annual rent, at the legal rate of interest in
force at the time of the reservation of the said ground rent,
together with all the arrearages of rent to the time of payment.
Which said payment shall be a complete discharge of such real
estate from the said rent and the principal thereof, and the
encumbrance thereof, and the same shall thereafter cease and be
forever extinguished, and the covenant for the payment of said
rent shall thereupon become void, and such owner or owners of
said real estate shall, thereupon, be entitled to receive at the
cost of such owner or owners a sufficient release and discharge
of such rent so extinguished as aforesaid. (1885, June 24, P.L.
161, Sec. 1.)
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