Adopted December 19, 2003 · Last amended November 2, 2007 · Last verified June 30, 2026
In one sentenceThis rule defines a terre-tenant — a person other than the original defendant who has taken title to land already subject to the lien — and sets out who is excluded and how a claimant through a deceased owner can qualify.
(a)As used in Rule 3025 et seq., a terre-tenant is a person other than the original defendant in whom title to real property subject to a lien provided by the Rules of Civil Procedure has vested.
(1)any person claiming under or whose claim of title passes through a deed which is not recorded in the county where the real property is located, or
(2)any person claiming under or through a deceased defendant or terre- tenant whose will has not been filed with, or letters of administration on whose estate have not been issued by, the register of wills or orphans’ court of such county.
(c)Any person claiming under or through a deceased defendant or a deceased terre-tenant, who was not a resident of the county at the time of death, may qualify as a terre-tenant under this rule by recording in the office of the recorder of deeds of the county where the real property is located,
(1)a certified copy of the will of the decedent, or,
(2)if the decedent died intestate, a declaration of interest accompanied by a certificate of the register of wills or probate court or officer of the county, state or country in which the decedent resided at the time of death that letters of administration have been issued in the estate of the decedent.
Plain-English Summary
A terre-tenant is someone other than the original defendant who has acquired title to real property the judgment lien already covers, and this rule pins the term down for the revival rules. It excludes a person whose title runs through a deed not recorded in the county, and a person claiming through a deceased defendant or terre-tenant whose will has not been filed or whose estate has not been opened in that county.
It then gives a path for a claimant through a deceased non-resident owner to qualify, by recording the decedent’s will or, for someone who died intestate, a declaration of interest with the required certificate. Getting this status right decides whose land a revived lien can reach.
Frequently Asked Questions
Who is a terre-tenant?
A person, other than the original defendant, who has acquired title to real property that is subject to a judgment lien.
Why are terre-tenants involved in revival?
The lien continues against their property only if they are made parties as the rules require.
Official Note
Official Note: The rules governing the action of mortgage foreclosure use the term ‘‘real owner’’ in a similar sense. See Rule 1144(a)(3). See the following rules of civil procedure providing for liens upon real property: Rule 3022 (lien of a verdict or order), Rule 3023 (lien of a judgment), Rule 3027 (lien of a writ of revival or an agreement to revive), Rule 3131.1 (lien of a judgment of revival) and Rule 3104 (lien of a writ of execution).
Amendment History
The provisions of this Rule 3026.2 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201. Immediately preceding text appears at serial pages (302565) to (302566).
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