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Montgomery County Property Records

How To Search Property Records in Montgomery County in 2026

MontgomeryPARecords.us provides access to publicly available information related to property records in Montgomery County, Pennsylvania. Members of the public may find ownership history, recorded deeds, tax assessments, mortgage documents, liens, and parcel data through this resource. Record categories include transfer documents, encumbrance filings, valuation records, and permit information. Data availability may vary depending on the record type and the originating agency.

Property records in Montgomery County may be searched through several official channels maintained by county government agencies. The primary resources include the Montgomery County Recorder of Deeds, the Montgomery County Board of Assessment Appeals, and the Montgomery County Tax Claim Bureau. Each office maintains distinct record sets, and members of the public are encouraged to consult multiple sources for a complete property history.

Multiple Access Methods:

  • Online searches — The most convenient method; available through county agency portals at no cost for basic inquiries
  • In-person visits — Required for certified copies, historical documents, or records not yet digitized
  • By mail — Written requests submitted with applicable fees and identifying property information
  • Through professionals — Title companies, real estate attorneys, and licensed appraisers conduct comprehensive searches on behalf of clients

Online Search Methods:

1. Property Appraiser Website

The Montgomery County Board of Assessment Appeals serves as the primary resource for property valuation and ownership information. Members of the public may access the Montgomery County property assessment portal at no cost and without registration.

Search Options:

  • By property address
  • By owner name
  • By parcel ID number
  • By subdivision or municipality
  • By map or GIS location

Information Available:

  • Current owner name and mailing address
  • Property site address and legal description
  • Parcel identification number
  • Land use and zoning classification
  • Property characteristics including square footage, year built, lot size, number of bedrooms and bathrooms, and building type
  • Assessed value of land and improvements
  • Taxable value and exemptions applied
  • Sales history
  • GIS map location

How to Search:

  1. Navigate to the Montgomery County Board of Assessment Appeals portal
  2. Select the preferred search type (address, owner name, or parcel number)
  3. Enter the search criteria in the appropriate field
  4. Review the results list returned by the system
  5. Select the specific property to view the full property card
  6. Review ownership details, valuation history, and sales records
  7. Print or save the information as needed

2. County Recorder of Deeds — Official Records Search

The Montgomery County Recorder of Deeds maintains the official index of recorded instruments affecting real property. Members of the public may search recorded documents through the Montgomery County Recorder of Deeds online search.

Searchable By:

  • Grantor name (seller or transferor)
  • Grantee name (buyer or transferee)
  • Document type
  • Recording date range
  • Book and page number
  • Instrument number

Documents Available:

  • Warranty deeds and quitclaim deeds
  • Mortgages and deeds of trust
  • Satisfactions and releases of mortgage
  • Mechanic's liens, judgment liens, and tax liens
  • Easements and rights-of-way
  • Declarations of restrictions and covenants
  • Subdivision plats and surveys
  • Powers of attorney affecting real property
  • Affidavits affecting title
  • Lis pendens filings
  • Homeowner association documents

How to Search:

  1. Access the Recorder of Deeds official records portal
  2. Select the preferred search type (grantor, grantee, document type, or date range)
  3. Enter the applicable search criteria
  4. Review the results returned by the index
  5. Select a document to view the scanned image, where available online
  6. Note the book and page number or instrument number for reference
  7. Request certified copies through the office if required

3. Tax Claim Bureau Website

The Montgomery County Tax Claim Bureau maintains records of property tax obligations, delinquencies, and tax sale proceedings. Members of the public may access tax information through the Montgomery County Tax Claim Bureau.

Search By:

  • Property address
  • Owner name
  • Parcel number
  • Tax account number

Information Available:

  • Current tax bill status
  • Payment history
  • Outstanding balances and delinquencies
  • Tax certificate information
  • Installment plan status
  • Upset sale and judicial sale listings

4. GIS and Mapping System

Montgomery County maintains an interactive GIS mapping system that allows members of the public to locate properties visually and access linked assessment data. The Montgomery County GIS portal provides aerial photography, property boundary overlays, zoning layers, flood zone designations, and environmental feature mapping.

How to Use:

  • Navigate the interactive map to the subject property location
  • Click on the parcel to retrieve linked property information
  • View property boundaries and adjacent parcels
  • Access linked assessment and ownership records
  • Measure distances and view multiple data layers simultaneously

In-Person Searches:

Montgomery County Board of Assessment Appeals
One Montgomery Plaza, Suite 301
Norristown, PA 19401
Phone: (610) 278-3761
Montgomery County Board of Assessment Appeals

Montgomery County Recorder of Deeds
One Montgomery Plaza, Suite 303
Norristown, PA 19401
Phone: (610) 278-3289
Montgomery County Recorder of Deeds

Montgomery County Tax Claim Bureau
One Montgomery Plaza, Suite 600
Norristown, PA 19401
Phone: (610) 278-1216
Montgomery County Tax Claim Bureau

By Mail Requests:

Recorder of Deeds — Mail Requests

Written requests for copies of recorded documents may be submitted by mail to the Recorder of Deeds at One Montgomery Plaza, Suite 303, Norristown, PA 19401. Requests should specify the document by book and page number, instrument number, or property address with an approximate recording date range. Payment for applicable copy fees must accompany the request. Certified copies are available upon request with the corresponding certification fee.

Board of Assessment Appeals — Mail Requests

Requests for property assessment information may be directed by mail to the Board of Assessment Appeals at One Montgomery Plaza, Suite 301, Norristown, PA 19401. Requestors should include the property address or parcel identification number and a self-addressed return envelope.

Through Professionals:

Title Companies

Title companies conduct comprehensive title searches, prepare abstracts of title, and issue title insurance commitments identifying all recorded interests affecting a property. Fees vary based on the scope of the search and the transaction value.

Real Estate Attorneys

Licensed real estate attorneys provide legal title opinions, address complex ownership disputes, and assist with transactions involving unclear chain of title. Fees vary by attorney and complexity of the matter.

Real Estate Agents

Licensed real estate agents may access MLS data for listed properties, pull property histories, and provide comparable sales data as part of their representation services.

Search Tips:

By Address

  • Use the complete street address including directional prefixes or suffixes
  • Include unit or apartment numbers where applicable
  • Attempt searches with and without directional designations (N, S, E, W)
  • Check spelling variations if initial results are not returned

By Owner Name

  • Search by last name first, followed by first name
  • Try variations including middle initials and name abbreviations
  • Consider both current and previous owner names
  • Search under business entity names (LLC, trust, corporation) where applicable

By Legal Description

  • Use the exact legal description as it appears on the recorded deed
  • Include subdivision name, lot number, and block number
  • For metes and bounds properties, include section, township, and range designations

For Historical Records

  • Records predating digitization may require an in-person visit to the Recorder's office
  • Staff can assist with retrieval from microfilm archives or bound record books
  • Advance notice is recommended for records more than 50 years old

Common Search Challenges:

Not Found Online

  • Very recent transactions may not yet appear due to recording processing delays
  • Properties with older records may not be fully digitized
  • Indexing errors or name spelling variations may affect search results
  • Property address changes over time may require searching under prior addresses

Multiple Results

  • Common owner names may return numerous results
  • Verify the correct property by cross-referencing the parcel identification number or legal description
  • Review additional identifying information to confirm the correct record

What Cannot Be Found Online:

  • Unrecorded private agreements
  • Pending sales prior to closing and recording
  • Documents filed under court seal
  • Some records predating county digitization efforts

What Is Montgomery County Property Records

Property records in Montgomery County are official legal documents related to real property — land and the structures affixed to it — maintained by county government agencies. These records establish legal ownership, document the chain of title, record encumbrances such as mortgages and liens, and provide the foundation for property tax assessment. Under Pennsylvania's Real Estate Recording Act, instruments affecting real property must be recorded with the county Recorder of Deeds to provide constructive notice to subsequent purchasers and encumbrancers.

Purpose of Property Records:

  • Establish and document legal ownership of real property
  • Provide an unbroken chain of title from original conveyance to present
  • Record encumbrances including mortgages, liens, and easements
  • Document property transfers and sale prices
  • Support property tax assessment and collection
  • Protect property rights and enable enforcement of recorded interests
  • Facilitate real estate transactions and title insurance

Types of Property Records:

Ownership Records

Ownership records include warranty deeds, quitclaim deeds, special warranty deeds, trustee's deeds, life estate deeds, and trust documents affecting title. These instruments document every transfer of ownership and form the chain of title for each parcel.

Encumbrance Records

Encumbrance records include mortgages, deeds of trust, mechanic's liens, judgment liens, tax liens, easements, deed restrictions, homeowner association documents, and lis pendens filings. These records notify the public of interests held by parties other than the current owner.

Tax and Assessment Records

Tax and assessment records include annual property tax assessments, tax bills, payment histories, exemption applications, millage rates, special assessments, and delinquency records maintained by the Board of Assessment Appeals and the Tax Claim Bureau.

Legal Descriptions

Legal descriptions are contained in recorded plat maps, subdivision plats, surveys, condominium declarations, and individual deed instruments. These documents define the precise boundaries and identity of each parcel.

Building and Permit Records

Building permits, certificates of occupancy, code violation notices, and zoning determinations are maintained by the Montgomery County Planning Commission and individual municipal building departments within the county.

Who Maintains Property Records:

Montgomery County Recorder of Deeds
One Montgomery Plaza, Suite 303
Norristown, PA 19401
Phone: (610) 278-3289
Montgomery County Recorder of Deeds

Montgomery County Board of Assessment Appeals
One Montgomery Plaza, Suite 301
Norristown, PA 19401
Phone: (610) 278-3761
Montgomery County Board of Assessment Appeals

Montgomery County Tax Claim Bureau
One Montgomery Plaza, Suite 600
Norristown, PA 19401
Phone: (610) 278-1216
Montgomery County Tax Claim Bureau

Montgomery County Planning Commission
One Montgomery Plaza, Suite 420
Norristown, PA 19401
Phone: (610) 278-3722
Montgomery County Planning Commission

Legal Framework:

Pennsylvania's recording statutes, codified at 42 Pa. C.S. § 8141, establish the priority of recorded instruments and the principle of constructive notice. Instruments recorded with the Recorder of Deeds are deemed notice to all subsequent purchasers and encumbrancers. Pennsylvania's recording system is a race-notice system, meaning that a subsequent purchaser who records first and takes without notice of a prior unrecorded interest prevails.

Are Property Records Public Information in Montgomery County?

Property records in Montgomery County are public information. Under the Pennsylvania Right-to-Know Law, 65 P.S. § 67.101 et seq., records maintained by government agencies are presumed to be public unless a specific exemption applies. Recorded instruments affecting real property — including deeds, mortgages, liens, and plats — are public records accessible to any member of the public without a stated purpose, residency requirement, or ownership interest in the subject property.

Legal Basis for Public Access:

  • Pennsylvania Right-to-Know Law, 65 P.S. § 67.101 et seq.
  • Pennsylvania recording statutes establishing constructive notice
  • Common law tradition of public land records dating to colonial-era practice
  • Constitutional protections for property rights under the Pennsylvania Constitution

Why Property Records Are Public:

Transparency

Public access to property ownership records ensures transparency in government operations, accountability in property taxation, and protection against fraudulent or secret transfers of title. The recording system functions as a public notice mechanism — its effectiveness depends on universal accessibility.

Commercial Purposes

The real estate marketplace depends on public access to property records. Title searches, title insurance underwriting, property appraisals, mortgage lending, and investment analysis all rely on the ability to inspect recorded instruments and assessment data without restriction.

Legal Protections

Recording provides constructive notice to all subsequent parties. This principle protects buyers, lenders, and lienholders by ensuring that prior recorded interests are discoverable through a reasonable search of the public record.

Public Interest

Property records serve genealogical researchers, historians, journalists, community planners, and members of the public with legitimate interests in land ownership patterns, tax assessment equity, and historical land use.

What Property Information Is Public:

  • Current and historical ownership (names, acquisition dates, deed references)
  • Legal descriptions and parcel identification numbers
  • Sale prices and transfer amounts
  • Recorded mortgage amounts and lender names
  • Liens and encumbrances of record
  • Tax assessments and payment histories
  • Property characteristics (size, age, building type)
  • Recorded deeds, mortgages, and other instruments
  • Plat maps and surveys

Privacy Considerations:

Pennsylvania law requires that Social Security numbers and financial account numbers be redacted from documents before recording, pursuant to 21 P.S. § 351. Certain individuals — including law enforcement officers, judges, domestic violence victims, and stalking victims — may be eligible for address confidentiality protections under Pennsylvania's Address Confidentiality Program administered by the Pennsylvania Office of Victim Advocate.

Homestead exemption applications submitted to the Board of Assessment Appeals may contain personal financial information that is not fully subject to public disclosure. Members of the public seeking access to exemption application files should contact the Board of Assessment Appeals directly.

Who Can Access Property Records:

  • Any member of the general public, regardless of residency
  • Real estate professionals, title companies, and appraisers
  • Lenders, banks, and mortgage servicers
  • Attorneys and legal researchers
  • Journalists and academic researchers
  • Genealogists and historians
  • Out-of-state and foreign inquirers

Commercial Use of Property Records:

Commercial aggregation of public property records is legally permissible in Pennsylvania. Title insurance companies, data analytics firms, and real estate information services routinely compile and redistribute public property data. Anti-harassment statutes, fair housing laws, and other applicable regulations continue to govern the use of information obtained from public records, regardless of the public nature of the underlying data.

How Much Does It Cost to Get Property Records in Montgomery County?

The Montgomery County Recorder of Deeds charges fees for copies and certified copies of recorded instruments. Members of the public may inspect records online at no cost through the county's official portal. The following fee schedule reflects current charges as established by the Recorder of Deeds:

ServiceCurrent Fee
Plain copy (per page)$1.00 per page
Certified copy (per document)$3.00 certification fee + $1.00 per page
Online document viewingFree (basic access)
Recording a new document$91.50 for first two pages; $3.00 each additional page
Transfer tax (state + local)2% of sale price (1% state, 1% local)

Accepted Payment Methods:

  • Cash (in-person)
  • Check or money order payable to Montgomery County Recorder of Deeds
  • Credit and debit cards (in-person; fees may apply)
  • Online payment through the county portal for electronic copies

Recording fees in Pennsylvania are governed by the Pennsylvania Recorder of Deeds Fee Act, 42 Pa. C.S. § 21082, which establishes the statutory basis for fees charged by county recorders. Fees may vary slightly based on document type, number of pages, and whether additional indexing is required.

What Is Available at No Cost:

  • Online viewing of assessment records through the Board of Assessment Appeals portal
  • Online viewing of recorded document indexes through the Recorder of Deeds portal
  • GIS mapping and parcel boundary data
  • Tax status information through the Tax Claim Bureau portal
  • Basic property characteristic data

Fee Waivers: Fee waivers for copies of public records may be available to members of the media and nonprofit organizations under the Pennsylvania Right-to-Know Law. Requests for fee waivers must be submitted in writing and are subject to agency discretion.

What's Included in a Montgomery County Property Record?

A complete Montgomery County property record draws from multiple agency databases and recorded instruments. The following categories of information are available through official county sources.

Ownership Information:

Current ownership records identify the legal owner or owners as reflected on the most recently recorded deed. Ownership types include individual ownership, joint tenancy, tenancy in common, tenancy by the entireties (for married couples), trust ownership, and ownership by legal entities such as LLCs and corporations. Each ownership record includes the acquisition date, the deed book and page number or instrument number, and the mailing address on file for tax billing purposes.

Previous ownership information — the chain of title — is available through the Recorder of Deeds index, which documents every recorded transfer from the earliest available records to the present.

Property Identification:

Each parcel in Montgomery County is assigned a unique parcel identification number used across all county agency databases. Property identification records include the site address, mailing address (if different), municipality, ZIP code, legal description (lot and block, subdivision name, plat book and page reference, or metes and bounds description), and any alternate or historical parcel numbers.

Physical Characteristics:

Assessment records maintained by the Board of Assessment Appeals include land area (in square feet or acres), lot dimensions, frontage, zoning classification, land use designation, total living area, year built, number of stories, building type, construction type, exterior wall material, roof type, foundation type, number of bedrooms and bathrooms, garage information, pool designation, and the presence of additional structures.

Valuation Information:

Assessment records include the assessed value of land and improvements, the total assessed value, the estimated market value, and historical assessed values for prior years. Montgomery County conducts periodic countywide reassessments; the most recent countywide reassessment established base-year values used for ongoing assessment calculations.

Tax Information:

Tax records include the current year tax bill, the taxable value after exemptions, the applicable millage rate, a breakdown of taxes by taxing authority (county, school district, and municipality), payment status, and prior years' payment history. Delinquent tax information is maintained by the Tax Claim Bureau and includes upset sale and judicial sale listings.

Exemptions Applied:

Pennsylvania law provides for homestead and farmstead exclusions under the Homeowner Tax Relief Act. Eligible properties may receive a reduction in assessed value for school district tax purposes. Additional exemptions are available for disabled veterans, certain nonprofit organizations, and properties with agricultural use classifications.

Sales History:

Sales history records include prior transfer dates, recorded sale prices, deed types (warranty, quitclaim, sheriff's deed, etc.), grantor and grantee names, deed instrument numbers, and documentary stamp (realty transfer tax) amounts. Qualified and unqualified sale designations are noted in assessment records.

Encumbrances and Liens:

Recorded encumbrances include mortgages (with original amounts, lender names, and recording dates), satisfactions and releases, mechanic's liens, judgment liens, federal and state tax liens, easements, deed restrictions, homeowner association documents, and lis pendens filings. Outstanding balances on mortgages are not reflected in public records; only the original recorded amount is available.

Legal and Regulatory Information:

Zoning classifications, land use designations, school district assignments, fire district designations, and special taxing district memberships are reflected in assessment and GIS records. Deed restrictions and subdivision covenants are contained in recorded instruments available through the Recorder of Deeds.

Maps and Images:

The county GIS system provides aerial photography, property boundary maps, parcel sketches, flood zone designations (FEMA), wetlands designations, and zoning overlays. Property photographs may be available through the Board of Assessment Appeals for properties that have been physically inspected.

What Is Not Typically in Public Property Records:

  • Current outstanding mortgage balances (only original recorded amounts)
  • Personal financial information beyond what appears in recorded instruments
  • Interior photographs
  • Social Security numbers (redacted by law)
  • Private purchase contract terms beyond the recorded sale price
  • Confidential details from exemption applications
  • Unrecorded private agreements

How Long Does Montgomery County Keep Property Records?

Property records in Montgomery County are maintained permanently. Recorded instruments affecting real property — including deeds, mortgages, liens, plats, and easements — are never destroyed. The permanent retention of these records is essential to the integrity of the chain of title and is required by Pennsylvania law.

Legal Basis for Retention:

Pennsylvania's records retention requirements for county offices are established under the Pennsylvania Local Government Records Act, 53 P.S. § 9001 et seq., which governs the retention, management, and disposition of records maintained by local government agencies. Recorded instruments affecting title to real property are classified as permanent records under the applicable retention schedules issued by the Pennsylvania State Archives.

Records Kept Permanently:

Deed Records

All recorded deeds are maintained permanently by the Recorder of Deeds, including warranty deeds, quitclaim deeds, trustee's deeds, sheriff's deeds, and all other conveyance instruments. Montgomery County's deed records extend back to the county's formation in 1784, with some records available in original bound volumes and others accessible through microfilm or digital imaging systems.

Mortgage Records

All recorded mortgages, assignments of mortgage, modifications, and satisfactions are maintained permanently. Even after a mortgage has been paid in full and a satisfaction recorded, both the original mortgage and the satisfaction remain part of the permanent public record.

Lien Records

All recorded liens — including judgment liens, mechanic's liens, federal and state tax liens, and municipal liens — are maintained permanently along with any releases or satisfactions. The permanent record of a lien and its release is essential for establishing clear title.

Plats and Surveys

All recorded subdivision plats, re-plats, condominium declarations, and survey plats are maintained permanently. These documents define the legal boundaries of parcels and are referenced in every subsequent deed for properties within the recorded subdivision.

Format and Storage:

Historical records in the Recorder of Deeds office exist in multiple formats depending on the era of recording. Records from the 18th and 19th centuries are preserved in handwritten bound volumes stored in climate-controlled vault facilities. Records from the mid-20th century are available on microfilm. Records from more recent decades have been scanned and are accessible through the county's electronic document management system.

Online Availability by Time Period:

Time PeriodOnline Availability
Recent (last 20–30 years)Fully available online with document images
Moderate age (30–50 years)Partially available; some records on microfilm
Historical (50–100 years)Index may be online; images require in-person access
Very old (100+ years)In-person access required; staff retrieval needed

Assessment Records:

The Board of Assessment Appeals maintains current and historical assessment records permanently. Property cards, assessment rolls, and ownership records are retained indefinitely. Online access to historical assessment data is available for recent years; older assessment history requires an in-person request.

Tax Records:

The Tax Claim Bureau retains tax payment records for a minimum of seven years for administrative purposes. Tax deed records resulting from tax sales are maintained permanently by the Recorder of Deeds as recorded instruments affecting title.

Accessing Historical Records:

Members of the public seeking records predating the county's digital systems should contact the Recorder of Deeds directly to arrange retrieval from microfilm or bound volume archives. Advance notice is recommended for records more than 50 years old. Standard copy fees apply to historical records.

Montgomery County Recorder of Deeds
One Montgomery Plaza, Suite 303
Norristown, PA 19401
Phone: (610) 278-3289
Montgomery County Recorder of Deeds

Digitization Efforts:

Montgomery County has undertaken ongoing digitization projects to convert historical paper and microfilm records into searchable electronic formats. These efforts are funded in part through state preservation grants administered by the Pennsylvania State Archives. The digitization process is ongoing, and the scope of online availability continues to expand.

How To Find Liens on Property in Montgomery County?

A lien is a legal claim recorded against real property as security for a debt or obligation. In Montgomery County, liens are recorded with the Recorder of Deeds and are searchable through the official records index. Members of the public, title professionals, and prospective buyers may search for liens using the following methods.

Types of Liens Recorded Against Property:

  • Mortgage liens (voluntary liens created by the property owner)
  • Judgment liens (arising from court judgments against the owner)
  • Federal tax liens (filed by the IRS for unpaid federal taxes)
  • Pennsylvania state tax liens (filed by the Pennsylvania Department of Revenue)
  • Mechanic's liens (filed by contractors or suppliers for unpaid construction work)
  • Municipal liens (filed by municipalities for unpaid utilities, code violations, or special assessments)
  • Homeowner association liens (filed for unpaid HOA assessments)
  • Child support liens (filed pursuant to court order)

Step-by-Step Search Process:

  1. Access the Montgomery County Recorder of Deeds online search portal
  2. Select the grantor/grantee index search option
  3. Enter the property owner's name as the grantor to identify liens filed against that individual
  4. Filter results by document type (lien, judgment, mortgage, etc.) and date range
  5. Review all results for the subject owner and cross-reference with the property's parcel identification number
  6. For federal tax liens, search the IRS lien index maintained by the Recorder of Deeds under the property owner's name
  7. For judgment liens, search the Montgomery County Court of Common Pleas judgment index through the Unified Judicial System of Pennsylvania portal
  8. For municipal liens, contact the relevant municipality directly, as some municipal claims are not recorded with the Recorder of Deeds

Montgomery County Court of Common Pleas
Montgomery County Courthouse
P.O. Box 311
Norristown, PA 19404
Phone: (610) 278-3000
Montgomery County Court of Common Pleas

Lien Releases and Satisfactions:

When a lien is paid or otherwise resolved, a release or satisfaction must be recorded with the Recorder of Deeds to clear the lien from the title. Members of the public should verify that a corresponding release has been recorded for any lien appearing in the index before concluding that the lien remains outstanding.

Professional Lien Searches:

Title companies and real estate attorneys conduct comprehensive lien searches as part of the title examination process. A professional title search reviews the full chain of title and all recorded encumbrances, including liens that may not be immediately apparent from a basic name search.

What Is Property Owner Rule in Montgomery County?

The property owner rule in Montgomery County refers to the legal framework governing who may own real property, how ownership is established and transferred, and what rights and obligations attach to property ownership under Pennsylvania law.

Establishing Ownership:

Legal ownership of real property in Montgomery County is established by a recorded deed. Under Pennsylvania's recording statutes, a deed must be recorded with the Montgomery County Recorder of Deeds to provide constructive notice of the transfer to subsequent purchasers and encumbrancers. An unrecorded deed may be valid between the parties but does not protect the grantee against a subsequent bona fide purchaser who records first.

Forms of Ownership:

Pennsylvania law recognizes several forms of concurrent property ownership:

  • Tenancy in common — Two or more owners each hold an undivided fractional interest; interests may be unequal and are freely transferable and devisable
  • Joint tenancy with right of survivorship — Two or more owners hold equal undivided interests; upon the death of one owner, the surviving owner(s) take the deceased owner's interest by operation of law
  • Tenancy by the entireties — Available only to legally married spouses; the property is owned by the marital unit as a whole and cannot be transferred or encumbered by one spouse alone; provides protection against the individual creditors of either spouse
  • Trust ownership — Property held by a trustee for the benefit of named beneficiaries pursuant to a recorded or referenced trust instrument
  • Entity ownership — Property held by a corporation, LLC, partnership, or other legal entity; the entity, not its members or shareholders, is the legal owner

Transfer of Ownership:

Property in Montgomery County is transferred by recorded deed. Pennsylvania law requires that a deed include a legal description of the property, the names of the grantor and grantee, consideration (or a recital of consideration), and the grantor's signature acknowledged before a notary public. The deed must be recorded with the Recorder of Deeds, and the applicable realty transfer tax must be paid at the time of recording.

Realty Transfer Tax:

Pennsylvania imposes a realty transfer tax of 1% of the sale price or assessed value (whichever is greater) at the state level, with an additional 1% local transfer tax, for a combined rate of 2%. Certain transfers are exempt from realty transfer tax under Pennsylvania law, including transfers between spouses, transfers to or from government entities, and certain transfers between family members.

Property Owner Rights and Obligations:

Property owners in Montgomery County hold the right to use, enjoy, and transfer their property subject to applicable zoning regulations, deed restrictions, easements, and other recorded encumbrances. Owners are obligated to pay annual property taxes assessed by the county, school district, and municipality. Failure to pay property taxes may result in the filing of a tax claim and, ultimately, a tax sale conducted by the Montgomery County Tax Claim Bureau pursuant to the Pennsylvania Real Estate Tax Sale Law.

Adverse Possession:

Pennsylvania law permits a party who has openly, continuously, exclusively, and adversely possessed real property for a period of 21 years to acquire legal title through a court action for adverse possession. A successful adverse possession claim results in a court order that may be recorded with the Recorder of Deeds to establish title in the adverse possessor.

Eminent Domain:

The Commonwealth of Pennsylvania, Montgomery County, and authorized municipalities and agencies may acquire private property through eminent domain for public use upon payment of just compensation, pursuant to the Pennsylvania Eminent Domain Code. Condemnation proceedings are filed in the Montgomery County Court of Common Pleas, and any resulting deed or declaration of taking is recorded with the Recorder of Deeds.