Pennsylvania Act 1895-92 — SUBDIVISION OF REALTY, RECORDATION OF PLANS REQUIRED

Act text

AN ACT

Providing for the recording of plans of all sub-divisions of any lot or piece of land into building lots heretofore laid out, or hereafter to be laid out, for the purpose of selling more according to such plans, and prescribing penalties for failure to record such plans.

Compiler's Note. Pennsylvania Rule of Civil Procedure No. 1068(a), adopted March 11, 1991, provided that Act 92 shall not be deemed suspended or affected by the rules of civil procedure.

Section 1. Plan of subdivided tract; penalty for omission; recovery

When any tract or piece of land within the limits of any county of this Commonwealth, which has been or shall be hereafter sub-divided into lots, and any lot has been sold from the tract or piece of land so divided according to said plan of subdivision without said plan of subdivision having been recorded, it shall be the duty of the owner of said tract of land, or the legal representatives thereof, authorizing said plan of subdivision of such tract of land to be laid out, to record said plan of such subdivision in the office of the Recorder of Deeds, et cetera, in the proper county upon sixty days' notice to record the same from the recorder of deeds of the proper county, or any person having an interest in the said tract of land, given from time to time, plan of the subdivision described be duly recorded; and if such owner, or the legal representatives thereof, shall fail to cause said plan of subdivision of said tract of land, as aforesaid, to be recorded in the said office, such owner, or the legal representatives thereof, shall forfeit and pay the sum of one hundred ($100.00) dollars for each failure to record such plan of subdivision, without notice from time to time, as aforesaid. Said sum or sums to be recovered as debts of like amount are by law recoverable at the suit of any party interested, or the recorder of deeds of the proper county, before any Alderman or Justice of the Peace, in and for said county, in the name of and for the use of said county. 1895, May 28, P.L. 124, Sec. 1; 1899, April 28, P.L. 123, Sec. 1.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 2. Costs; limitation of powers of examiner

The cost in all the cases of such procedure shall be borne by the owner, or the legal representatives thereof, of any tract of land subdivided into lots, as aforesaid, said costs including a reasonable fee to the examiner to whom the plan of subdivision is referred for verification: Provided always, That the examiner, in verifying the plan of subdivision of said tract of land filed in court with the conveyances made of said tract of land, or such parts of the same, shall confine himself to comparing the plan with the conveyances made by the owner of said tract of land, or the legal representatives thereof, in conveyances made of said tract of land, or the legal representatives thereof, in conveyances made of said tract of land, or parts thereof, in the first instance. 1895, May 28, P.L. 124, Sec. 2; 1899, april 28, P.L. 123, Sec. 2.