Pennsylvania Act 1715-208 (session 1) — DEEDS AND MORTGAGES - FORM, ACKNOWLEDGMENT AND RECORDING

Act text

AN ACT

For acknowledging and recording of deeds.

Compiler's Note: Section 11 of Act 197 of 2002 provided that Act 208 is repealed insofar as it is inconsistent with Act 197.

Compiler's Note: Section 3 of Act 117 of 1955 provided that Act 208 is repealed insofar as it is inconsistent with Act 117.

Section 1. Be it enacted, That there shall be an office of record in each county of this province, which shall be called and styled, The Office for Recording of Deeds; and shall be kept in some convenient place in the said respective counties, and the recorder shall duly attend the service of the same, and, at his own proper costs and charges, shall provide parchment, or good large books, of royal or other large paper, well bound and covered, wherein he shall record, in a fair and legible hand, all deeds and conveyances, which shall be brought to him for that purpose, according to the true intent and meaning of this act.

Section 2. And be it further enacted, That 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.

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 3. 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 and 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.

Section 4. And be it further enacted, That 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 or 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.

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 5. And be it further enacted, That all deeds and conveyances made or to be made, and proved or acknowledged, and recorded as aforesaid, which shall appear so to be, by endorsement made thereon, according to the true intent and meaning of this act, shall be of the same force and effect here, for the giving possession and seisin, and making good the title and assurance of the said lands, tenements and hereditaments, as deeds of feoffment, with livery and seisin, or deeds enrolled in any of the King's courts of record at Westminster, are or shall be in the kingdom of Great Britain. And the copies or exemplifications of all deeds so enrolled, being examined by the recorder, and certified under the seal of the proper office (which the recorder, or keeper thereof, is hereby required to affix thereto), shall be allowed in all courts where produced, and are hereby declared and enacted to be as good evidence, and as valid and effectual in law, as the original deeds themselves, or as bargains and sales enrolled in the said courts at Westminster, and copies thereof can be; and that the same may be showed, pleaded and made use of accordingly.

Section 6. And be it further enacted, That 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.

Section 7. (7 repealed June 24, 1939, P.L.872, No.375 and Apr. 28, 1978, P.L.202, No.53)

Section 8. And be it further enacted, That no deed or mortgage, or defeasible deed, in the nature of mortgages, hereafter to be made, shall be good or sufficient to convey or pass any freehold or inheritance or to grant any estate therein for life or years, unless such deed be acknowledged or proved, and recorded, within six months after the date thereof, where such lands lie, as herein before directed for other deeds.

Section 9. And be it further enacted, That any mortgagee of any real or personal estates in the Commonwealth, having received full satisfaction and payment of all such sum and sums of money as are really due to him by such mortgage, shall, at the request of the mortgagor, enter satisfaction either upon the margin of the record of such mortgage recorded in the said office or by means of a satisfaction piece, which shall for ever thereafter discharge, defeat and release the same; and shall likewise bar all actions brought, or to be brought thereupon.

(9 amended Oct. 28, 1983, P.L.194, No.52)

Section 10. And if such mortgagee, by himself or his attorney, shall not, within forty-five days after request and tender made for his reasonable charges, return to the said office, and there make such acknowledgment as aforesaid, he, she or they, neglecting so to do, shall for every such offense, forfeit and pay, unto the party or parties aggrieved, any sum not exceeding the mortgage-money, to be recovered in any court of record within this Commonwealth, by bill, complaint or information.

(10 amended July 31, 1968, P.L.866, No.259)