Is It True That If a House Has Been Vacant and Not Claimed, You Can Own It by Paying the Property Taxes?

Paying property taxes on someone else's property does not automatically grant you ownership unless there is a specific signed agreement stating otherwise.

Understanding Adverse Possession

Adverse possession is a legal doctrine that allows someone to potentially claim ownership of a property after occupying it continuously and maintaining it for a statutory period. However, merely paying property taxes without more comprehensive actions is not enough to make a claim.

Factors for Adverse Possession

To successfully claim ownership through adverse possession, you need to:

Occupy the property continuously for the statutory period required in your jurisdiction. Have intent to claim ownership and exclude the true owner. Constructively improve the property or otherwise maintain it. Act in a manner that indicates ownership.

Relevant Legal Requirements

Each jurisdiction has specific laws and requirements for adverse possession, which can vary significantly. You must consult a property-law attorney to understand the specific requirements in the area where the property is located.

Circumstances Where Ownership Can Be Obtained

There are scenarios in which paying property taxes might allow you to gain ownership, but these scenarios are limited and often require additional steps.

Offer to Buy or Auction Proceeds

One possible path to obtaining ownership is by offering to buy the property from its current legal owners. If the owners do not respond to your offer, you may need to wait for the property to be auctioned for unpaid taxes and bid for it.

Tax Auction

Another method is to wait for the property to be auctioned by the county or city due to delinquent taxes. You can then bid on the property. In some jurisdictions, you might need to bid the total amount of taxes and any interest, which could equal the full value of the property.

Protracted Possession

In some states, such as New Jersey, paying the taxes for at least two years can provide a basis for initiating a tax lien foreclosure. After this period, if no other judgment creditors claim the property, you can potentially gain ownership. However, this process is complex and requires legal expertise.

Local Rules and Requirements

It is crucial to check the specific rules and requirements in your locality. For example, in some areas, you may have to give the previous owner a chance to reclaim the property after repaying the taxes and any interest within a certain timeframe.

Legal Consultation

Given the complexity of these issues, especially with adverse possession, it is highly recommended to consult a property-law attorney. They can provide tailored advice based on your specific situation and help you navigate the legal complexities.

By understanding the rules and requirements, consulting an attorney, and taking the necessary actions, you can potentially claim ownership of an abandoned property. However, claiming ownership solely through property tax payments is unlikely to be sufficient in most cases.