PAR provides testimony before House committee

Pennsylvania Association of Realtors® Legislative Chair Mark Mohn presented comments on House Bill 1019 (Gillen, R-Berks) before the House Local Government Committee in Harrisburg yesterday. The bill would require sellers to disclose the location and condition of burial plots on any residential or commercial properties.

This bill was introduced in a prior legislative session as a result of families being denied access to the graves of family members located on private property.

“We empathize with families who wish to pay respect to loved ones and understand this may be impossible when an owner denies access to the grave site,” Mohn said. “However, we also respect the fact that the property is owned privately and support the rights of the owner to limit access to their property.”

PAR urged legislators to amend the bill to require that burial plots in private cemeteries be subject to easements and/or deed restrictions.

“By permanently adding an easement onto the title of the property, it would provide families access to a portion of the property and, more importantly, would be discoverable on a title search, notifying potential buyers of the existence of the burial plots and the owner’s responsibility.” Mohn said in his testimony. “Any undisclosed deed restriction or easement would be uncovered through a title search without amending the seller’s disclosure law. This would be beneficial when the property is transferred in the future and would provide a searchable record of the location of the burial plot.”

The association also recommended removing any reference to a commercial disclosure law, which does not exist. An easement and deed restriction would be applicable to commercial transactions as well.