2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 83 - Inalienable Property
8301 - Powers of court to authorize sale, etc. of real property.

                                CHAPTER 83
                           INALIENABLE PROPERTY

     Sec.
     8301.  Powers of court to authorize sale, etc. of real
            property.
     8302.  Venue where real property is wholly in one county.
     8303.  Venue where real property is in more than one county.
     8304.  Procedure.
     8305.  Sale of real property subject to future inalienable
            interests; disposition of proceeds.
     8306.  Title of purchaser.

        Enactment.  Chapter 83 was added December 10, 1974, P.L.867,
     No.293, effective immediately.
        Prior Provisions.  Similar provisions were formerly contained
     in Chapter 82 of this title.
     § 8301.  Powers of court to authorize sale, etc. of real
                property.
        The court of common pleas, operating through its appropriate
     division, may authorize the sale, mortgage, lease or exchange of
     real property or grant declaratory relief with respect to real
     property:
            (1)  Where the legal title is held:
                (i)  by a person whose spouse is an incapacitated
            person, or has abandoned him or her for one year, or has
            been absent in circumstances from which the law would
            presume his or her decease;
                (ii)  by a tenant of an estate by entireties, when
            the other tenant of such estate has been absent in
            circumstances from which the law would presume his or her
            decease;
                (iii)  by corporations of any kind having no capacity
            to convey, or by any unincorporated association;
                (iv)  by any religious, beneficial, or charitable
            society or association, incorporated or unincorporated,
            whose title is subject to forfeiture if real property is
            held in excess of the amount authorized by law; or
                (v)  by any religious, beneficial or charitable
            society or association, incorporated or unincorporated,
            whose title is subject to reversion, possibility of
            reverter or right of reentry for condition broken if the
            real property ceases to be used for a purpose specified
            in a deed, subject to the following:
                    (A)  A petition to declare the real property free
                from reversion, possibility of reverter or right of
                reentry shall contain an affidavit of an officer of
                the religious, beneficial or charitable society or
                association, stating in detail what reasonable
                efforts have been made to locate or contact the
                grantor or the grantor's heirs, successors or assigns
                to obtain a conveyance of the reversion, possibility
                of reverter or right of reentry, why the real
                property should be declared free of the reversion,
                possibility of reverter or right of reentry, and the
                use of the funds, if any, to be derived from sale of
                the real property.
                    (B)  The court shall have the power to consider
                all of the circumstances and to grant such equitable
                relief as shall be just and proper and impose such
                restrictions upon the use of the funds to be derived
                from the sale of real property as the court shall
                deem to be appropriate to further the religious,
                beneficial or charitable purpose reflected in the
                deed containing the reversion, possibility of
                reverter or right of reentry for condition broken.
            (2)  Where the legal title is an estate tail, or is
        subject to contingent remainders, executory interests, or
        remainders to a class some or all of whom may not be in being
        or ascertained at the time of the entry of the decree.
            (3)  Where the legal title is otherwise inalienable.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 16, 1992,
     P.L.1163, No.152, eff. imd.)

        1992 Amendments.  See section 21 of Act 24 in the appendix to
     this title for special provisions relating to applicability. See
     section 27(b) of Act 152 in the appendix to this title for
     special provisions relating to applicability.