Inalienable Interests
Chapter 83 of the PEF Code (successor to the Revised Price Act of 1917 repealed in 19743) covers the problem of disposing of inalienable real estate. Chapter 83 provides a procedure to authorize the sale, mortgage, lease, or exchange of real estate encumbered by certain itemized limitations or where the legal title is otherwise inalienable. It provides that the Court of Common Pleas, operating through its appropriate division, may authorize such action on the petition of any party in interest, upon such terms and upon such security and after such notice as the Court shall direct by general rule or special order. PEF Code §§711 and 712 must be read together with Chapter 83 to determine when the Orphans’ Court is the appropriate Division.

Phila.O.C. Rules 12.12.A through 12.12.H cover these proceedings.
3 A detailed explanation of the Revised Price Act may be found in Remick, Chapter 50.

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