Section 513. Disputes Concerning Title

A. If the defendant declares in writing, on oath or affirmation, that the title to the real property is disputed and claimed by some named person other than the plaintiff by virtue of a right or title accruing by descent from or deed or will of the landlord since the commencement of the lease, and if that person, whether or not appearing before the magisterial district judge, also declares in writing, on oath or affirmation, that he truly believes he is entitled to the real property, the magisterial district judge shall stay the proceedings, provided the person claiming title files in the court of common pleas of the county in which the real property is located a bond, satisfactory to that court, conditioned upon prosecuting his claim in the court of common pleas. If the claim is not prosecuted in accordance with the conditions of the bond, the bond shall be forfeited to the plaintiff and the magisterial district judge shall proceed to judgment.

B. If the defendant declares in writing, on oath or affirmation, that the real property is held and claimed by him as a joint tenant or tenant in common with the plaintiff and that he truly believes that the real property so held does not exceed in quantity or value the just proportion of his share as a joint tenant or tenant in common, the magisterial district judge shall stay the proceedings, provided the defendant files in the court of common pleas of the county in which the real property is located a bond, satisfactory to that court, conditioned upon prosecuting his claim in the court of common pleas. If the claim is not prosecuted in accordance with the conditions of the bond, the bond shall be forfeited to the plaintiff and the magisterial district judge shall proceed to judgment.

Official Note

This rule sets forth the procedures when there is a dispute concerning title.

The provisions of this Rule 513 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266. Immediately preceding text appears at serial page (43175).