The following are recent Pennsylvania court cases of note to real estate law practitioners.
In Grove v. Lutz, 2021 Pa. Super. 1, (2021), the Pennsylvania Superior Court concluded that a property owner who had previously sold a parcel of real property was not entitled to collect any rents arising from the subsequent renewal of a cellular tower lease on that property. Joan P. Grove and her husband (the Groves) were the owners of a farm (property) situated in Chanceford Township, York County, Pennsylvania. The property, which consisted of two parcels totaling 67 acres, was subject to a 1993 land lease agreement (lease) with Pennsylvania Cellular Telephone Co. (tenant), which permitted the installation and maintenance of a cellular tower on the property. In 2003, the Groves sold the property to Perry A. and Lana R. Lutz (the Lutzes), and the deed of conveyance included a provision stating that the Groves reserved the right to collect rents under the lease through its scheduled expiration in 2019.