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James S. Tupitza

James Tupitza’s Legal Guides

47 total


  • NATURE OF JUDGMENT LIENS IN PENNSYVANIA

    The Pennsylvania Supreme Court discussed the nature of judgment liens in the case of In re: Upset Sale, Tax Claim Bureau of Berks County, 505 Pa. 327, 479 A.2d 940, 943-44 (1984). The Supreme Court stated as follows: Judgment liens are a product of centuries of statutes which a...

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  • EXTENT OF LIEN OF JUDGMENT IN PENNSYLVANIA

    A. Lien Against All Real Property of Judgment Debtor: When entered of record, a judgment operates as a lien against all real property of the judgment debtor in the county in which it was filed. 42 Pa. C.S.A. 4303(a) (1982). The lien of a judgment binds all real property of the...

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  • EFFECT OF JUDGMENT AS LIEN IN PA

    A. Lien of Money Verdict: Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property on the conditions, to the extent and with the priority provided by statute or prescribed by General Rule adopted pursuant to section 1722(...

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  • Tenants by the Entireties (PENNSYLVANIA)

    A. Tenancy by the Entireties. 1. A conveyance to husband and wife is presumed to create a tenancy by the entireties.[1] This presumption can only be overcome using clear and convincing evidence of a contrary intent.[2] 2. Only husband and wife can be tenants by the entireties,...

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  • Joint Tenancy in PA

    Joint Tenancy. 1. Joint tenancy is an estate which requires four unities: title, time, interest and possession.[1] Essentially, joint tenancy is where one estate is owned by two or more persons holding title under the same instrument. 2. The interests of joint tenants are equ...

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  • Tenancy in Common.

    Tenancy in Common. 1. Joint tenancy has four unities, but tenancy in common has only one: unity of possession. 2. Each tenant owns a fractional share of an undivided interest in the entire property.[1] 3. Tenancy in common is presumed when a conveyance of real property is t...

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  • Life Estate

    Life Estate. 1. A life estate endures for the life of one of more persons (measuring life). The measuring life can be the tenants, or, in what is known as life estate per autre vie, the life of another person. During the estate, the life tenant can use and occupy the property u...

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  • Adverse Possession in PA

    NATURE OF ADVERSE POSSESSION 1. ELEMENTS A claimant must prove actual, exclusive, visible, notorious, distinct and hostile possession of the land continuously for 21 years. Conneaut Lake Park, Inc. v. Klingensmith, 362 Pa. 592, 66 A.2d 828 (1949). The burden is on the claimant ...

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  • Property Abuting a Railroad

    Generally, title that is described as bordering a railroad will revert to the center line of the railroad if the railroad is in a railroad right of way and the tracks have been removed. In Dellach v. DeNinno 862 A.2d 177 (Pa. Super. 2004) the Superior Court held that Pennsylvania...

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  • Categories of Easements

    A. Broad Categories: 1. Easements in Gross - An easement in gross . is a mere personal right in the real estate of another because it is not appurtenant to other land owned by the grantee. An easement in gross benefits a particular entity rather than a particular piece of land. L...

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