Philadelphia Liens and Debt: What You Need to Know Before Acquiring Privately Owned Vacant Lots
How to handle encumbered property in Philadelphia
You are gardening, or thinking of gardening, on a vacant lot that is privately-owned. You are interested in acquiring this property one day. However, unlike City-owned vacant land, privately-owned lots may carry layers of unpaid debt left behind by an absentee or deceased property owner. Knowing about what unpaid debts, also known as liens, exist on the property is critical if you wish to obtain free and clear title—or title without any debts or liens—to a property.
Gaining ownership of land with debt–Frequently asked questions.
How are possession, ownership, and title to property related? What are the differences between them?
Title to property is a legal term for the bundle of rights, such as enjoyment and use of a property, that come with ownership. A document indicating
With legal ownership also comes the responsibility for all taxes and maintenance of the property. That means that if you gain title to a piece of property, you are responsible for unpaid debts, even if they were left behind by a previous owner.
What is “encumbered title” versus “free and clear title”?
“Free and clear title” just means that no one besides the title-holder has a right to the property because property owners or purchasers have paid off any debt that may have existed, or there was never any unpaid debt
What types of debt could an owner incur on a property?
In Philadelphia, owners may have various types of debt, including licenses and inspections (L&I) liens, mortgage liens, gas liens, real estate tax liens, water and sewage liens, and utility liens.
What is a lien?
Lenders use liens to secure, restrict the use of, or encumber property
How is a lien different from other types of debt?
Liens differ from other types of debt because they give the lender the right to seize property. For example, if a property owner does not pay real estate taxes, the city of Philadelphia can file a court action to give the City an “interest in” the property equal to the amount of unpaid taxes. The City can then claim its “interest in the property,” by selling the property at sheriff’s sale and collecting the money owed to it from the sale proceeds. See more information about sheriff’s sales here.
What to do if a vacant lot has a lien on it
What if the privately-owned property where I’m gardening has a lien or other debt attached to it?
If you are not considering ownership, but are just interested in using the land for a period of time, then liens and debts on the land are irrelevant. Learn more about making agreements with private landowners here. If you are trying to gain title to the property in order to ensure your garden’s security in the long-term, however, liens and debts are critical to consider.
Gaining ownership of a property burdened by debts or liens means you will be responsible for paying off debt. Of course, getting the lien or debt paid by the owner before the land is sold is the simplest way to remove a debt or lien. However, sometimes this is not possible, whether the previous owner cannot be found, cannot afford to pay the debt, or is deceased.
You also have the option to pay off the debt yourself upon purchasing the property. However, these debts can be quite costly, and this may not be a practical option for you or your organization. In that case, there are other options to clear the debt. Working with the city of Philadelphia is key when getting a lien cleared in order for title to transfer.
Other than paying off the debt myself, what other tactics can I use to get liens or other debt removed so that I can own the property “free and clear”?
Currently, the Garden Justice Legal Initiative, L&I, the Law Department, various City agencies, and advocates are developing solutions to return privately-owned vacant lots to productive uses in Philadelphia. Interim solutions to put these vacant lots to use include: sheriff’s sales, eminent domain, adverse possession, conservatorships, and connecting owners of vacant properties with Community Development Corporations (CDCs) and other community resources. See the Garden Justice Legal Initiative’s fact sheets: Acquiring Privately-Owned, Vacant Lots for Gardening: Adverse Possession, and Acquiring Privately-Owned, Vacant Lots for Gardening: Tactics for Ownership to learn about these solutions.
Types of Liens
The following types of liens can help you determine what kinds of debt are attached to the property where you’re gardening. For the most part, tax, L&I, gas, and water
Licenses and Inspections (L&I) liens
- What are they? L&I liens are imposed against the property owner for failure to pay fees for demolition, trash removal, etc.
- How do I determine if this lien exists on my garden? For a map detailing licensing and inspection violations, see: https://www.phila.gov/map and select “violations” and “view map.” Often, if you review on the map where demolition has occurred, there will likely be a related demolition lien that has not been paid. In certain circumstances, the City has forgiven L&I liens in order to clear title to the land.
Mechanics liens
- What are they? When a property owner fails to pay a contractor or subcontractor for work performed on a property, the contractor can place a mechanics lien on the property, placing a hold on the title so that the property can’t be sold without the owners first paying the contractor or subcontractor.
- How do I determine if this lien exists
on my garden? Contractors and subcontractors can file a lien claim with the Court of Common Pleas, and you can search for pending or previous mechanics lien actions brought against a property owner in the Philadelphia Court of Common Pleas at courts.phila.gov (under “search court records” click “trial division-search civil dockets,” then “search by person name or company name”).
Mortgage liens
- What are they? Mortgage liens are legal claims against a mortgaged property from a bank that holds a mortgage loan for the property, which must be paid when the property is sold.
- How do I determine if this lien exists
on my garden? You can search for pending or previous mortgage foreclosure actions brought against the property’s owner in the Philadelphia Court of Common Pleas at courts.phila.gov (under “search court records” click “trial division-search civil dockets,” then “search by person name or company name”). The absence of a mortgage foreclosure action, however, does not always mean that there is not an outstanding mortgage on the property.
PGW (Gas) liens
- What are they? PGW liens, or Gas liens, are filed against properties for unpaid gas bills.
- How do I determine if this lien exists on my garden? The Department of Records at City Hall has this information. You can also search for execution actions involving gas liens. These cases occur when the City files a lawsuit against a property owner for the amount of unpaid gas bills. To search online, go to courts.phila.gov; under “search court records,” click “trial division-search civil dockets,” then “search by person name or company name”).
Real estate tax liens
- What are they? Real estate tax liens may be issued by local governments as a way to collect real estate taxes, such as Philadelphia property taxes, that have gone unpaid by property owners. If the taxpayer does not pay the taxes due, the tax lien holder can gain title by foreclosing on the property.
- How do I determine if this lien exists on my garden? The City’s Office of Property Assessment (OPA)’s “property search” feature provides information about a property’s real estate tax charges and real estate tax liens here: https://opa.phila.gov/opa.apps/Search/SearchForm.aspx?url=search. The “view tax balances” tab shows overdue real estate taxes by year, and indicates whether the lien is held by the City or an outside collections agency. You can also research real estate tax liens via the Prothonotary’s Locality In Rem Index at City Hall, room 262. For a “how to” on researching these liens in this index, see courts.phila.gov/pdf/forms/Prothonotary/Instruction-Real-Estate-Tax-Liens.pdf.
Utility liens
- What are they? Utility liens are imposed against
property for unpaid utility bills. - How do I determine if this lien exists
on my garden? The Department of Records at City Hall has information on utility liens. You can also search for execution actions involving utility liens at www.courts.phila.gov (under “search court records” click “trial division – search civil dockets,” then “search by person name or company name”).
Water and Sewer liens
- What are they? Water and sewage liens are imposed against
property for unpaid water or sewer bills. - How do I determine if this lien exists
on my garden? You can research whether a property has overdue water or sewer charges in the Prothonotary’s Locality In Rem Index at City Hall, room 262. For a “how to” on researching these liens in this index, see: https://courts.phila.gov/pdf/forms/Prothonotary/Instructions-Locality-In-Rem-Index-Water-SewerCharges.pdf
These fact sheets address some basic points of property law and debt and lien processes. It is recommended that gardeners with remaining questions contact the Garden Justice Legal Initiative or an attorney. In addition to this factsheet, gardeners interested in acquiring vacant lots should consult the Garden Justice Legal Initiative’s Acquiring Privately-Owned, Vacant Lots for Gardening series of factsheets for specific tactics to gain ownership.
We hope you found this information useful. You may also be interested in learning about How to Reach a Private Land Use Agreement, along with How to Gain Access to Land in Philadelphia through Conservatorship.
This document is meant to be a living document of resources and recommendations for those growing food for themselves, their neighbors or others. If you would like to add a resource to this page, or if you see something on this page that appears to be inaccurate, please contact Jonathan McJunkin.