PRINTER'S NO. 138

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 133 Session of 1987


        INTRODUCED BY GREENLEAF, JANUARY 15, 1987

        REFERRED TO LOCAL GOVERNMENT, JANUARY 15, 1987

                                     AN ACT

     1  Amending the act of April 1, 1909 (P.L.91, No.53), entitled "An
     2     act relating to deeds for conveying or releasing lands,
     3     construing words and phrases used therein, and prescribing a
     4     form of deed and acknowledgment which may be used for
     5     conveying or releasing lands," providing for the description
     6     of land conveyed or released in a deed or other instrument by
     7     the use of the county tax parcel number of the land.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The act of April 1, 1909 (P.L.91, No.53),
    11  entitled "An act relating to deeds for conveying or releasing
    12  lands, construing words and phrases used therein, and
    13  prescribing a form of deed and acknowledgment which may be used
    14  for conveying or releasing lands," is amended by adding a
    15  section to read:
    16     Section 10.  (a)  In counties adopting a uniform parcel
    17  identifier system under statutory provisions on parcel
    18  identification, all conveyances, mortgages or releases or other
    19  instruments affecting real estate included in the system may be
    20  made by reference to the uniform parcel identifier of the real

     1  estate being conveyed, mortgaged, released or otherwise affected
     2  as indicated on the recorded county tax maps. The first
     3  conveyance, mortgage, release or other instrument affecting real
     4  estate recorded after the adoption of an ordinance under the
     5  statutory provisions on parcel identification, and thereafter
     6  the first conveyance after the change of any description of real
     7  estate represented by a uniform parcel identifier, shall contain
     8  the uniform parcel identifier assigned to the parcel or parcels
     9  affected by such instrument. Thereafter, the first conveyance
    10  after a change of size and/or description of real estate
    11  represented by a uniform parcel identifier shall contain, in
    12  parcels affected by the instrument, either:
    13     (1)  A metes and bounds description based on a precise
    14  survey; or
    15     (2)  A lot number and reference to a recorded subdivision
    16  plan which plan on its face shows metes and bounds prepared by a
    17  professional land surveyor as required by the act of May 23,
    18  1945 (P.L.913, No.367), known as the "Professional Engineers
    19  Registration Law." Any subdivision plan which was prepared prior
    20  to the effective date of the aforesaid "Professional Engineers
    21  Registration Law," which contains metes and bounds, shall be
    22  acceptable for compliance with these provisions, except that no
    23  requirement for metes and bounds description by survey or
    24  subdivision plan shall be necessary for any conveyance,
    25  transfer, mortgage, release or other purpose involving a right-
    26  of-way, surface or subsurface easement or oil, gas or mineral
    27  lease or other interest or any subsurface estate. Further, as to
    28  any mortgages recorded which seek to grant an interest in real
    29  estate which real estate has not obtained a parcel identifier,
    30  the failure to refer to the uniform parcel identifier for each
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     1  such interest or the failure to include a deed reference for
     2  each such interest shall not affect the lien of such mortgage.
     3     (b)  Any subsequent conveyance, mortgage, release or other
     4  instrument affecting real estate so made by reference to the
     5  uniform parcel identifier and the record location where the
     6  metes and bounds description or first number and reference to a
     7  recorded plot plan last appears shall be as effective to pass
     8  title or affect title to the real estate so described as it
     9  would be if the premises had been described by the metes and
    10  bounds description used in the first instrument so recorded or
    11  appearing in the recorded subdivision plan.
    12     (c)  The uniform parcel identifier, the recorded tax map or
    13  record thereof or the recorded subdivision plan shall be
    14  received in evidence and in all courts and places as describing
    15  the real estate therein designated as though the same were set
    16  forth in full as appearing in the first conveyance, mortgage,
    17  release or other instrument or as shown on the recorded
    18  subdivision plan.
    19     Section 2.  This act shall take effect in 60 days.








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