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Rule 1590.Partition of Real Property. Acts of Assembly Not Suspended.

Last amended June 3, 1994 · Last verified June 30, 2026

In one sentenceThis rule preserves specified Acts of Assembly from being suspended by the partition rules, keeping their provisions — including one on deductions from a tenant in possession’s distributive share — in force.

Full Text of Rule 1590

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The rules governing partition of real property shall not be deemed to suspend or affect
(1) Section 1 of the Act approved June 24, 1895, P. L. 237, 68 P. S. § 101.
(2) Sections 5 and 6 of the Act approved April 22, 1943, P. L. 68, 16 P. S. §§ 9905, 9906.
End

Plain-English Summary

This rule is a savings clause for the partition chapter. It provides that the rules governing partition of real property do not suspend or affect certain specified Acts of Assembly, so those statutes continue to apply alongside the rules.

The Official Note explains that one of them requires a tenant in possession to deduct certain amounts from its distributive share. Preserving these statutes keeps the legislature’s specialized partition-related provisions in force rather than letting the general rules displace them.

Frequently Asked Questions

Do the partition rules override the statutes Rule 1590 lists?

No. The rules do not suspend or affect those Acts of Assembly.

Official Note

Official Note: This section provides that tenants in possession must deduct from their distributive share in partition that portion of the rental value to which co-tenants not in possession are entitled.

Official Note: These sections relate to registration of partition titles with Registry Survey Bureaus of counties having such bureaus.

Amendment History

The provisions of this Rule 1590 amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (146694) to (146695).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text
Also known as: acts of assembly partitionstatutes preserved partitionsavings clause partition