Several years ago we bought some property with a house,, and there were 2 city lots on the corner of our street , for years the land owner that sold us the land told us that the 2 lots beside us it belong to the city and she would always take care of it so she wanted for us to do it too . so we have taken care of it for many,many years there`s no trees we just mow grass and keep it clean ,the city would never come and mowed or do anything to it , and then several years ago the land owner that sold us the property passed away and then we decided to go and ask the city if they were interesting in selling , the city said it`s not ours it`s (yours) we said What ? The city had NO record of it either
But we don`t have proof that`s it`s ours,,, so we went to the county appraisal they said no record of it we see your property but not the 2 empty lots you talking about ,they send us to get a title search and nothing either they went back to 1926 and couldn`t find who it belong to ,, all they could see was that our property and those 2 lots were meant to be together , but still there`s no record of any body paying taxes on it ,,, well we got hold of the heir of that land who sold us the property when we ask her who`s the owner of those 2empty lots that are beside our property belong to,, she said it`s (yours!)
But again no proof the measurements of the the deed of our property don`t match the size of the 2 empty lots with ours.
Some had said go ahead and fence it ,,others had said it`s been abandoned so keep it No Record of it
So what can we do to make it legal ? Who do we talk to seems we talk to everyone in the city ,county appraisal, and title co. Hope somebody can help
In Oklahoma all you would have to do is file for adverse possession since it has been held by you and the former owner. Check on the rules in your state. You probably won't even need an attorney, but any doubt, get one.
So with this adverse possession what do they do ? Does the Heir of the owner of land that sold us the property Will she have to sign papers or can they do it with out her signing ?
You need to verify from the county appraisal (talk to the person in charge of ownership / land) that the two vacant lots are NOT on their appraisal rolls. The county should be working to find out who owns the two lots so they can tax them accordingly. You need to also make sure you that you were not assessed for the two vacant lots. If you were, that would help your case.
It doesn't sound like anyone will be fighting you for the property, but IF you paid the taxes on it (unknowingly) it will be difficult for someone else to contest your adverse possession claim without having to pay you back for the taxes you paid on their property. Your best bet is to talk to a lawyer who is experienced in real estate and adverse possession, and start the process through them. Because the property has been vacant for so long, if you have been maintaining it, (and it appears to have been left off the tax rolls), it shouldn't be real difficult to take title, just have to follow procedures in Texas (which an experienced lawyer in these matters can do quite easily).
Thank you for your replys ,it`s amazing that every one from city, county apprasial, even the Title Co. couldn`t find nothing about those 2 empty city lots we have taken care of them for so long like more then 20 yrs ,but like i said they had said it belong to the city so that`s why we never ever bother to ask but for some reason it just came to us and now all of this WOW! But will keep in touch and see what happens ...
Since they are non existent and never appraised, I would write a $10.00 check for any and all non existent back taxes. It sound strange, but simple things bind in the end.
Tom,While paying taxes on a non-existent "parcel" (for tax purposes) sounds like a sure bet, the likelihood that the tax assessor would accept payment for taxes (owed) that do not exist, is highly unlikely. The appraisers office should know by now that the 2 vacant lots have not been assessed, and likely they will create accounts for them, and assess it. That is why it is important for Texas Lady to get started on the quiet title / adverse possession of that property. She can pay the taxes even while a court case is pending, once taxes are assessed (due).
There’s nothing holding her back from fencing it. Does it help her case? Maybe a little. Everyone around should know she mows and takes care of it, if any of the neighbors sign an affidavit stating they have always seen her care for the property as if it is hers I don’t know that having a fence is any more powerful than that affidavit. It also doesn’t seem like anyone will be contesting a fence if one was constructed. Personally I would spend my money on adverse possession and fence only if the lawyer recommends it to win the case. Since she’s alerted the county that it hasn’t been taxed, it will likely take a few years before back taxes build up and it gets sold for delinquency. That’s why I recommend exploring adverse possession proceedings now to clear the title before someone else gets a chance. The alternative would be to buy them at a tax sale. If you wanted to take the risk, depending on the demand of vacant lots, you might end up getting it cheaper that way than paying for adverse possession through a lawyer. Lots of options and risks to weigh!
Hi guys! just got on line i love this site , Thank you so much again for both of your replys
but how would i get a affidavit from who? i don`t know nothing about this things . Also remember what i said when i went and i ask the city manager who could i ask about buying some lots and she said well what lots ? and i said the lots that are beside ours and of course( she knows us) and she said quickly aren`t their yours ? your husband has always kept that corner so clean for years , (i was stun!!) i didn`t know what to do,,,
so i guess have to wait until all this holidays pass so we can start doing something...