A recent 3rd U.S. Circuit Court of Appeals case illustrates once again the traps waiting to snare the unwary seller of real property in Pennsylvania. In Scott v. Turner , the court considered what constitutes “good and marketable” title to real property and whether a purchaser of real property in Pennsylvania is within its rights under the agreement of sale to refuse to complete the conveyance because of an expired zoning variance regarding the property.

According to the 3rd Circuit’s opinion in Scott , the sellers, Peter and Anne Scott, sued Stephen and Nancy Turner for breach of contact to purchase certain land located in Freedom Township, Adams County, Pa. The land had been part of a larger tract owned by Bradley and Mary Yohe. In early 1993, the Yohes wanted to construct a 16-foot-wide gravel “right-of-way” connecting one portion of their lot to a public road.

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