Any Tax/Real Estate lawyers out there?

416wbymag

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I just rec'vd a summons for 2009 Delinquent taxes on a piece of property that I evidently am an heir to. It is 26 acres up in union county. Evidently there are over 60 people involved here.

I have been told that about all I can do is kiss this place goodbye because I would have to track down each heir and have them sign over ownership in court. Supposedly the costs incurred would be more than the land is worth....


Anybody know anything about this kinda situation??
 

Diehard Hunter

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How much are the taxes? Pay them and use the property as you see fit. If anyone comes along complaining, put them on the hook for their part of the taxes. I will go hunt it with you!

I am betting the taxes are pretty cheap.
 

cecil30-30

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Diehard Hunter said:
How much are the taxes? Pay them and use the property as you see fit. If anyone comes along complaining, put them on the hook for their part of the taxes. I will go hunt it with you!

I am betting the taxes are pretty cheap.
That sounds like a plan.I couldn't imagine the taxes being that high either.Obviously nobody seems to be claiming the property or the taxes would have been paid.
 

Chaneylake

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416wbymag said:
I just rec'vd a summons for 2009 Delinquent taxes on a piece of property that I evidently am an heir to. It is 26 acres up in union county. Evidently there are over 60 people involved here.

I have been told that about all I can do is kiss this place goodbye because I would have to track down each heir and have them sign over ownership in court. Supposedly the costs incurred would be more than the land is worth....


Anybody know anything about this kinda situation??

just wait until the county takes over the property, once this is done they will have a tax sale at public auction, if you want then you will have to be the high bidder
 

fourwheeler431

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Diehard Hunter said:
How much are the taxes? Pay them and use the property as you see fit. If anyone comes along complaining, put them on the hook for their part of the taxes. I will go hunt it with you!

I am betting the taxes are pretty cheap.
X2
 

ferg

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For sure pay them - use it (squatting) still works - if you're paying for it all - everyone that shows up can 1) pay up or 2) sign a quit claim deed giving you their share -

At some point you'll have it all -

ferg....
 

416wbymag

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It has a little over $2000 in back taxes owed. It also looks kike it might be landlocked with no right of way. Might drive up there and see if I can learn more.
 

MUP

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Can't be landlocked I do believe. Have to have an access somehow, or will be able to get it at closest access point. Chaneylake should know about this.
 

Diehard Hunter

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ferg said:
MUP said:
Can't be landlocked I do believe. Have to have an access somehow, or will be able to get it at closest access point. Chaneylake should know about this.

Agreed - has to be an easement or something ....

ferg....

The property is in union county, in sharps chapel area.....it is a different world up there. Just because there is supposed to be doesn't mean there is in that part of the state. Hopefully he can pull the deed and find an easement.
 

ferg

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Diehard Hunter said:
ferg said:
MUP said:
Can't be landlocked I do believe. Have to have an access somehow, or will be able to get it at closest access point. Chaneylake should know about this.

Agreed - has to be an easement or something ....

ferg....

The property is in union county, in sharps chapel area.....it is a different world up there. Just because there is supposed to be doesn't mean there is in that part of the state. Hopefully he can pull the deed and find an easement.

What are you saying? That having legal easement and actually gaining access are two different things ? :D :D :D
 

Chaneylake

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MUP said:
Can't be landlocked I do believe. Have to have an access somehow, or will be able to get it at closest access point. Chaneylake should know about this.

access would be one of two ways:

1. easement by necessity - its necessary for you to cross someone else to gain access to the property. this is usually the shortest and most logical route but not always

2. prescriptive easement - this is the traveled route that has been used for a long time

this is mainly the basics, it would be wise to consult an attorney
 

416wbymag

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Hangnail said:
Check the deed. There's legal access from somewhere.

hehe you guys should see this deed. It was handwritten on a piece of notebook paper in 1919....

It talks about the property running from the corner of Johnson's fence line to the double split poplar, to the sweet gum saplings.....

No mention of right of ways



14941093.jpg
 

Hangnail

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Talk to a lawyer about a deed by neccessity. Shouldn't cost too much and the property is worth only a remnant value otherwise. Might be worth looking into the deeds of adjacent properties to see if there is access to your property. Yes, some of the older properties might not have deeded access, but there isn't a judge around that wouldn't grant access if a reasonable request is made. If it isn't worth it to you, let the property go to the county. The adjacent landowners have probably been waiting for this for years.
 

Diehard Hunter

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I am betting the deed you have is to a larger tract of land, and over the years parcels were sold off. What you will end up with is what is left after the other parcels are taken out of the original tract. There is no way of telling how much property is actually there without having a survey. Unless of course you can find those corners, or at least an agreed upon corner. Who knows, you may have more land or you may have less. It would be wise to pull all adjoining deeds as well as that one, particularly if they mention a transfer from the original owner. In all honesty, you should probably trace all adjoining parcels back to the date of the deed for that parcel to see if any of them came out of the original parcel.
 

416wbymag

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brmaster said:
pay the tax, Im sure once you track down others involved might sign a quick claim, then sell to the adjoining land owners

The Cty Clerk verified there are 103 heirs listed, and also a clause that states any unknowns....
 

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