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§ 7404. Repudiation of unlawful restrictive covenants

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 Pa.C.S.A. Real and Personal PropertyEffective: February 12, 2024

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 68 Pa.C.S.A. Real and Personal Property (Refs & Annos)
Part III. Residential Real Property
Chapter 74. Repudiation of Discriminatory Real Estate Covenants
Effective: February 12, 2024
68 Pa.C.S.A. § 7404
§ 7404. Repudiation of unlawful restrictive covenants
(a) Landowner may file form.--An owner of real property, including a common interest ownership community, with an unlawful restrictive covenant recorded in the instrument may file a form described in section 7405 (relating to form for repudiation) with the recorder in the county where the real property is located to repudiate the unlawful restrictive covenant.
(b) Electronic filing.--A form filed under subsection (a) shall be in writing and may be filed electronically if the county allows for electronic recording of deeds.
(c) Duty of recorder.--The recorder shall record the form submitted under subsection (a).
(d) Fees prohibited.--A recorder may not assess a fee for the filing of a form under this section.
(e) Separation of covenant from instrument.--When the form submitted under subsection (a) is properly recorded, the repudiation of the unlawful restrictive covenant is effective and does not affect the validity of the instrument. The instrument shall be construed as if the unlawful restrictive covenant was never contained in the instrument.

Credits

2023, Dec. 14, P.L. 428, No. 54, § 1, effective in 60 days [Feb. 12, 2024].
68 Pa.C.S.A. § 7404, PA ST 68 Pa.C.S.A. § 7404
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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