The Short Answer

In Pennsylvania, a clouded title caused by an incorrect legal description after (or during) a partition matter is typically corrected by getting a court order that clarifies or determines title and then recording that order so the public land records match the property that was actually intended. If the property is inherited or tied to an estate, the Orphans’ Court may be able to enter an order determining title that can be recorded to clear the defect.

What Pennsylvania Law Says

A “cloud” on title is any recorded issue that makes ownership uncertain to a buyer, lender, or title insurer—an incorrect metes-and-bounds description, wrong parcel identifier, or a deed/order that doesn’t match the real-world property is a common example. When a title problem is connected to inherited property (which is often why partition actions happen in the first place), Pennsylvania law provides a specific Orphans’ Court process that can result in a recordable decree adjudicating title.

The Statute

The primary law often used in inherited-property title disputes is 20 Pa.C.S. § 3546 (Determination of title to decedent's interest in real estate).

This statute authorizes certain interested persons (such as heirs/devisees or those claiming through them) to petition the Orphans’ Court to adjudge title to a decedent’s interest in Pennsylvania real estate and provides that a certified copy of the court’s order is to be recorded in the Recorder of Deeds office for the county where the property is located. See 20 Pa.C.S. § 3546(g).

If your “partition action” involves inherited property, this Orphans’ Court title-determination mechanism can be a key tool to remove uncertainty created by a bad description—because the end goal is a clear, recordable court decree that title companies can rely on.

For additional background, you may also find it helpful to read: How Does a Partition Action Work in Pennsylvania (Especially for Inherited Property)? and Do I Need a Quiet Title Action to Finalize an Inherited Property Transfer in Pennsylvania?.

Why You Should Speak with an Attorney

While the statute provides a path to a recordable decree, applying it to a partition-related description error is rarely simple. Legal outcomes often depend on:

• Strict Notice Requirements: A title-determination petition under 20 Pa.C.S. § 3546 has detailed notice rules (including publication/posting in many cases) and can require notice to multiple categories of interested parties. Mistakes here can undermine the final order’s effectiveness.
• Burden of Proof and Record Precision: Clearing a cloud created by a wrong description often requires aligning deeds, tax parcel identifiers, surveys, and prior court filings so the final decree is internally consistent and acceptable for recording and underwriting.
• Choosing the Right Court/Remedy: Depending on whether the error is in a deed, a partition order, or estate-related title, the best remedy may involve Orphans’ Court relief, a separate title action, or post-judgment relief in the partition case. Picking the wrong approach can waste months and increase costs.

Trying to “patch” a description problem without counsel can leave you with a document that records but still doesn’t satisfy a buyer’s lender or title insurer—meaning the property remains effectively unsellable until it’s fixed correctly.

If you want a deeper dive on common next steps when issues arise after a partition order, see Who Do I Contact in Pennsylvania Court When New Title Problems Come Up After a Partition Order?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.