Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 35 - Accounts and Distribution
Section 3554 - Presumption of payment, release or extinguishment


(a) Lapse of 20 years.--When:
(1) for 20 years after the same or any part thereof becomes due, no payment has been made on account of a dower, recognizance, legacy, annuity instalment, or other charge, created by will, agreement, inter vivos trust or court decree, upon real property; or
(2) no proceeding has been brought or no written acknowledgment of the existence thereof or no written promise to pay the same has been made within such period by the owner or owners of the property subject to the charge;
a release or extinguishment thereof shall be presumed, and the charge shall thereafter be irrecoverable.
(b) Perpetuation of evidence.--The evidence of any such payment or written acknowledgment or promise may be perpetuated by recording it in the office of the recorder of deeds of the county or counties in which the real property bound by the charge is situate. The recorder of deeds shall index such evidence in the grantor's index under the name of the record owner or owners of the real property and in the grantee's index under the name of the owner or owners of the charge.
(c) Renewal of evidence every 20 years.--If such evidence of the charge is so recorded and indexed within the said period of 20 years, it shall remain a charge on the real property for a period of 20 years from the time of indexing and no longer: Provided, That such evidence may be renewed within successive periods of 20 years, as often as necessary.
(d) Irrecoverable after 20 years.--If such evidence does not appear of record and is not indexed as herein provided within a period of 20 years or within the periods provided for a renewal thereof, then said dower, recognizance, legacy, annuity instalment, or other charge shall be irrecoverable from any purchaser, mortgagee, or other lien creditor.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Chapter 35 - Accounts and Distribution

Extra - Chapter Notes

Section 3501 - Accounting required (Repealed)

Section 3501.1 - Accounting by personal representative

Section 3501.2 - Annexation of account of terminated trust, guardianship or agency

Section 3502 - Where filed

Section 3503 - Notice to parties in interest

Section 3504 - Representation of parties in interest (Repealed)

Section 3511 - Audits in counties having separate orphans' court division

Section 3512 - Audits in counties having no separate orphans' court division

Section 3513 - Statement of proposed distribution

Section 3514 - Confirmation of account and approval of proposed distribution

Section 3521 - Rehearing; relief granted

Section 3531 - Estates not exceeding $50,000

Section 3532 - At risk of personal representative

Section 3533 - Award upon final confirmation of account

Section 3534 - Distribution in kind

Section 3534.1 - Cost of distribution of tangible personal property

Section 3535 - Delivery of possession of real estate

Section 3536 - Recording and registering decrees awarding real estate

Section 3537 - Compensation

Section 3538 - Distributions involving persons born out of wedlock

Section 3539 - Change in law after pattern of distribution established

Section 3540 - Absentee and additional distributees

Section 3541 - Order of abatement

Section 3542 - Contribution

Section 3543 - Income on distributive shares

Section 3544 - Liability of personal representative for interest

Section 3545 - Transcripts of balances due by personal representative

Section 3546 - Determination of title to decedent's interest in real estate

Section 3551 - Enforcement of payment

Section 3552 - Discharge of portion of property from charges payable in the future

Section 3553 - Discharge of property from lien of charge

Section 3554 - Presumption of payment, release or extinguishment