ADVERSE POSSESSION SITUATION
Got a situation, deed shows owners names that have been dead for 14 years and neighbors state property vacant for at least that long. Property is free and clear but obviously taxes have been paid. So I have found no heirs to deceased of 14 years and nothing has been done to property to fix it up. Taxes were late and not paid for December 2014 so I paid for December and April to bring taxes current and changed tax address to my address and found out who has been paying taxes and doing nothing with the property. They actually called me cause I put a for sale sign in the yard to get a response and it worked. They were upset etc etc trying to say I was trespassing etc, the neighbors want me to fix the property up and no one has taken the steps to move the deed into there name and obviously do not have the money or resources to do so, but I do and took those first steps with the taxes. So pretty much it's a battle between me and the other tax paying people right now on the property. I want to go change the locks and start a process to remove the people who have been doing nothing with this property and have been paying taxes for I have no idea how long for dead deed holders. I'm going to contact a lawyer for info but THOUGHTS on the situation? Obvious there is more to the story but that is the basic jist of things.
Bravo guys and gal for giving post a 2nd life and bringing much more info and a quite lively thread.
Originally posted by @Adrian Tilley:Originally posted by @Mike Flora:
right around the corner, done my research and no heirs found at all, vacant for 15 years, county recorder has only both dead names on the deed and property owner occupied by them. So 15 years vacant with no one ever seen around property, two dead deed holders since 2000 and late taxes which I paid up and changed addresses to me and the people who were paying it have no relation to dead owners whatsoever.
This is law school 101. The answer to the question you didn't ask is that "there are always heirs".
I don't know how you can just change the tax address to your name, but I would be very careful. At the least, I think you're risking trespass, maybe B&E, fraud, and maybe other offenses. Talk to a California attorney.
AdrIan: I'm guessing you didn't read the thread? There was no shortage of discussion re "no such thing as no heirs". It's not only Law School 101. It's Life 101.
As for trespass, B&E, etc......that's kind of the deal and required in AP. In states where open and notorious use are part of the code you're gonna get trespassing. I'm also guessing you've never represented an AP client?
As for changing the tax mailing address: In many counties in CA it's as simple as filling out an online form. Are you sure your muni isn't the same?
I resisted the temptation to change your mailing address to mine. Attorneys don't always get my idea of a joke. :)
http://www.bouldercounty.org/property/info/pages/treaschangeaddress.aspx
Originally posted by @Account Closed:
I resisted the temptation to change your mailing address to mine. Attorneys don't always get my idea of a joke. :)
http://www.bouldercounty.org/property/info/pages/treaschangeaddress.aspx
In CA The change of address form requires the owners signature.
Originally posted by @Account Closed:
I resisted the temptation to change your mailing address to mine. Attorneys don't always get my idea of a joke. :)
http://www.bouldercounty.org/property/info/pages/treaschangeaddress.aspx
No, I've never represented an AP client as that's not my field of practice. I'm also not a licensed CA attorney, which is why I advised OP to talk with one. I'm not in Boulder county, but close. I just can't imagine how it would be ok to change the tax address on someone else's property. What happens when they no longer get the notice and a tax lien is put on the property? Whenever there's a question like that, IME it means that the underlying assumption is incorrect or illegal. I would bet there's a law against you just changing the tax address on my property without notice or permission.
Regarding the trespass required by AP, you are right to a certain extent, but the only cases I've ever heard of were vacant land. Frankly, I have no experience with AP, but the OP's course of action raised a bunch of red flags, especially as he didn't seem to know what he was doing, so I thought he ought to speak with someone who knows the laws.
Very interesting discussion.
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Just because you can change a tax address doesn't mean you should! :)
Originally posted by @Adrian Tilley:
Originally posted by @Account Closed:I resisted the temptation to change your mailing address to mine. Attorneys don't always get my idea of a joke. :)
http://www.bouldercounty.org/property/info/pages/treaschangeaddress.aspx
No, I've never represented an AP client as that's not my field of practice. I'm also not a licensed CA attorney, which is why I advised OP to talk with one. I'm not in Boulder county, but close. I just can't imagine how it would be ok to change the tax address on someone else's property. What happens when they no longer get the notice and a tax lien is put on the property? Whenever there's a question like that, IME it means that the underlying assumption is incorrect or illegal. I would bet there's a law against you just changing the tax address on my property without notice or permission.
Regarding the trespass required by AP, you are right to a certain extent, but the only cases I've ever heard of were vacant land. Frankly, I have no experience with AP, but the OP's course of action raised a bunch of red flags, especially as he didn't seem to know what he was doing, so I thought he ought to speak with someone who knows the laws.
Very interesting discussion.
Yes I know your house is in Adams County. Just trying to point out that not all counties make it difficult or unlawful for anyone to change the tax mailing address. As for not getting notice: CA tax collectors are VERY clear that not getting a bill or notice does not remove the responsibility of the tax payer to pay all taxes due, in full, on time. They will not remove a late fee or overturn a tax sale just because you don't get a bill. That's why the Aguayo decision in CA was so interesting to me. In that case the courts found that the changing of the tax mailing address "deprived" the rightful owners of paying their taxes. The changing of the address in that case was deceitful, there is no argument there. But not getting a bill or notice in CA has never been found to be a defense for not paying property taxes or avoiding a late fee, nor ever used to overturn a sale that I"m aware of.
You are correct in that the OP absolutely did not know what he was doing. Especially when he paid taxes on a property that someone else had already targeted for AP, had already paid the taxes for years AND had already started an AP case and recorded a lis pendens.
I challenge you to find the "law" the prohibits me from taxing your tax mailing address to mine. My guess is the challenge is on the plaintiff to come up with a claim, such as fraud or unclean hands or unjust enrichment or something along those lines. Just kidding about the challenge. You and I both have better things to do. :)
Originally posted by @Bill Gulley:
Just because you can change a tax address doesn't mean you should! :)
But of course. Even without a law on the books, someone could come after you hard for messing with their tax mailing address. To be honest, the biggest concern to me seems to be at the federal level, like possibly mail fraud.
Please let us know how it turns out!