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04/19/2024 10:06 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=17522
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: February 23, 2015 03:28 PM
From: Representative Tina M. Davis
To: All House members
Subject: Request for Co-Sponsorship: Requiring the Disclosure of Rights-of-Way on Sellers’ Property Disclosure Statements
 
Buying a new home is an exciting time for prospective homeowners. Most people seeking to purchase a home are generally concerned with the condition of the house, never stopping to consider the presence of limitations that might affect the property’s use. That is why, in the near future, I plan to introduce legislation amending Title 68 (Real and Personal Property), Chapter 73 (seller disclosures) by adding rights-of-way, easements and access limitations to the list of items required to be disclosed on a property disclosure statement.

As a realtor, I am all too familiar with scenarios like this: a buyer envisions constructing a fence, but after closing learns that a fence is prohibited because utility companies require access to certain parts of the property. If the right-of-way had been disclosed, it could have significantly impacted the real-estate negotiation or the decision to purchase. Because homeowners so heavily rely on the information provided on a seller’s property disclosure form, it is the perfect place to note the presence of such limitations
.

While some individuals may not mind rights-of-ways, I believe all prospective buyers have the right to understand the circumstances of a property. By requiring the disclosure of rights-of-way, we can help homebuyers make a more informed decision for themselves and their families. Please join me in co-sponsoring this legislation.



Introduced as HB1833