Dead Owner, No Hiers, Lets Move In.
There is a house in my area that is vacant and apparantly has been for nearly a year. (I am really surprised that it hasn't been vandalized) The last person to live there died about a year ago, and the owner of record died in '87. I can't find any hiers (don't know where to look) and no one has even approached the front door for months. Taxes are due for '03 and '04. So can I just move in? Ha Ha!!! I know I don't have any right to. I would pay the taxes, fix it up, and rent it and make my money back in a few months. so I wouldn't have a huge risk besides getting in a lot of trouble. I don't know what the laws say, but I heard that it is hard to evict a person who doesn't have a lease aggreement with you. My Bro in law said if I pay property taxes for 7 years I can get the house through the homestead thing. I don't know how that works.
Any advice is appreciated, especially how I can get this house cheap and legally. Thanks
JP,
The county will know where the tax bills are being sent. I would start there. Also I would check out the laws in your state on "adverse possesion" . (It is a proccess that can take from 7-30 years in NC, and has several requirements that must be met.) Please check your local laws.
JD
Wow...sounds interesting. I would absolutly find out where the tax bills are going. Since they have not been paid...It soulds like the rightful owner may allow you to purchase it dirt cheap...it is certianly worth the time in looking into it.
What if the tax bills are going to the vacant house? I don't know yet but I bet they do. Then where could I look?
Then you send a letter--with "DO NOT FORWARD- Address Correction Requested." See what comes back. Could be a neighbor is picking up mail for them. If it comes back "Forwarding Order Expired" or such, you have more info. If you can find the owner, offer a simple, expedient quit claim deed--promising to take care of taxes so they'll never have to bother with them ever again--for $50 or $100. Give em a deadline, and make it very easy for them to contact you.
If you still can'f find them, consider adverse possession. Just know that it can be a long process complicated by the fact that the day an heir drives by and sees the new paint job and improvements, they may say "Gee, thanks!" claim their interest, and you'll be out your effort and expense (unless you're able to buy their out interest on the spot and still profit greatly!). Not that I'm trying to discourage you. You know what the risk-reward potential is for this deal.
For benefit of all, if a property is orphaned, with NO legal owners left living, then it likely is the latent property of the state, under the theory of ESCHEAT.
Escheat proceeding will ultimately be filed by the state's atty general, to find that it has no surviving owners, and is now the property of the state.
And you or I would be named party Defendants if we appear anywhere in the scene.
Further, although you or I might very well just move into such a property, and start to spend money on cleanup, fixup, etc...no title co. is going to give us title insurance on it to help us sell it, so it's going to be very difficult to sell.
Rent it? Let's say we do, for several years, and then the Atty Gen files suit to Escheat the property...and simultaneously asks the court to order us to account for all the money we took out of the property and order us to pay the state that money.
Further, will the utilities let us turn on the power, water & gas? BIG question!
So just be warned that this exact scenario could just be played out at your expense.
There are a few different ways to aquire title to this property thru adverse possesion. Utah has set rules that must be followed to do this. You can look them up under Utah Code and Constitution title 57 Real Estate.