Real Estate
Transferring Property Yourself in Pennsylvania
The deed you record today will be examined by a title insurer, a lender, and a real estate attorney the day you sell or refinance. A defect in the legal description, a wrong deed type, or an unpaid transfer tax does not fail at recording. It fails at closing, under deadline pressure, when the buyer’s lender has already committed and the moving trucks are scheduled. At that point the defect is your problem to cure, at your cost, on someone else’s timeline.
Pennsylvania records thousands of deeds each year prepared without attorney involvement. Some are valid. Many create title defects that surface years later: when the property is sold, refinanced, or becomes the subject of an estate administration.
Lebovitz & Lebovitz, P.A. · Serving Pittsburgh and Western Pennsylvania since 1933. Based in Swissvale near the Parkway East (Swissvale–Edgewood exit).
Title insurance does not insure against defects created after the policy was issued. A deed you prepare and record after purchase creates a defect that your existing title policy does not cover. If the defect surfaces at resale, the buyer’s title insurer will require it to be cured, at your expense, before closing.
If you are considering transferring property, call 412-351-4422 or schedule a consultation to have the deed examined before recording.
What Makes a Pennsylvania Deed Valid
A deed must identify the grantor and grantee with sufficient certainty, contain a legal description of the property, be signed by the grantor, be acknowledged before a notary, and be recorded with the recorder of deeds in the county where the property is located. These requirements are necessary but not sufficient. A deed that meets them can still be defective if the grantor lacks clear title, if the property description does not match the recorded chain of title, or if the deed type is inconsistent with the grantor’s actual ownership interest.
The Legal Description Problem
The legal description in a deed must match the description in the chain of title. Pennsylvania uses metes and bounds descriptions for most residential property: technical documents that must be prepared or verified by a surveyor or title professional. Copying a description from a tax record, an online database, or a prior deed that itself contained an error perpetuates the defect into the new deed.
When the buyer’s title insurer flags a gap or overlap, closing stops. Correcting the description requires a new survey, a corrective deed, and re-recording. If the defect is a break in the chain of title, a quiet title action may be required: months of litigation before the property can transfer.
The Deed Type Problem
Pennsylvania recognizes several deed types with different warranty implications. A general warranty deed warrants title against all defects, including those created before the grantor acquired the property. A special warranty deed warrants only against defects created during the grantor’s ownership. A quitclaim deed warrants nothing.
Using a quitclaim deed when the transaction requires a general warranty deed leaves the grantee without recourse if a title defect predates the transfer. The buyer’s title insurer may refuse to insure. If they insure and a prior defect surfaces, the grantee has no warranty claim against the grantor. The loss falls entirely on the buyer.
The Transfer Tax Problem
Pennsylvania imposes a realty transfer tax of 2% of the sale price or assessed value, whichever is greater, plus a local transfer tax that varies by municipality. Transfers between certain family members are exempt. Transfers to trusts may be exempt depending on the trust structure.
A deed recorded with an incorrect exemption claim creates a tax liability that attaches to the property, not just to the person who recorded it. The Department of Revenue may assess the unpaid tax plus interest and penalties upon audit. That liability must be resolved before the next transfer.
What an Attorney Does Differently
A real estate attorney reviewing a deed transfer examines the chain of title, verifies the legal description against the survey or prior recorded documents, selects the appropriate deed type, confirms the transfer tax treatment, and prepares the deed to be recorded without creating defects. Recording a deed is the easy part. What precedes recording (examining the chain of title, verifying the description, selecting the right deed type, confirming the transfer tax treatment) is where the work is. That work does not show up in the public record until it is missing.
Frequently Asked Questions About Transferring Property in Pennsylvania (FAQ)
Can I prepare my own deed in Pennsylvania?
Yes. Pennsylvania does not require attorney involvement in deed preparation. The risk is in the execution: a deed that is technically valid but legally defective does not fail at recording. It fails when someone tries to sell, refinance, or inherit the property and the title insurer finds what the recorder of deeds did not examine.
What is a title defect?
A title defect is anything in the chain of title that impairs the owner’s ability to convey clear title. Defects include breaks in the chain of title, forged or improperly executed prior deeds, undisclosed liens, encroachments, and errors in legal descriptions. Some defects are curable with a corrective deed. Others require quiet title litigation before the property can transfer.
What happens if I record a deed with the wrong transfer tax treatment?
The Pennsylvania Department of Revenue may assess the unpaid tax, plus interest and penalties, upon audit. The liability attaches to the property: a lien that must be resolved before the next transfer. The deed is not automatically voided, but the cloud on title must be cleared at the owner’s expense.
Does a deed transfer affect my title insurance?
An existing title policy does not automatically extend to cover a new grantee. A deed you record after purchase (transferring title to a trust, a family member, or a new entity) creates a gap in title insurance coverage unless the policy is endorsed to include the new grantee. If a defect surfaces after the transfer, the uninsured grantee bears the loss.
For related real estate guidance, see our page on types of deeds in Pennsylvania; for all real estate topics, see our real estate issues practice area.