Do you recommend filing a quiet title or an adverse possession when the owners have passed away including the only person listed on the deed or will of the abandoned home dated back in 1970. This is the only paperwork ever filed and the siblings, children are also deceased by doing my due diligence.
The taxes are also exempt so needing advice on (Adverse Possession) when there aren’t taxes. I would love to save this home and restore it back to life since it’s falling apart. It was built in 1926.
Could someone also point me in the direction of where I would find the filing paperwork.
Varies by states. And while the siblings may have died, They had heirs, so there are heirs, it just takes effort to find them. A QT is likely a non starter as it is Not intended to take a property from unknown heirs.
Thanks for your response. The property is located in, Georgia.
AP is a tough nut to crack.. probably talk to a local RE attorney that has done one..
although its well known process its not one that is actually done in practice very often..
You bring both at the same time. In other words, you bring a quiet-title action and state that the basis for your quiet-title action --- among other things --- is adverse possession. But I don't necessarily see how you can claim adverse possession in this scenario unless you happen to own a property right next to it. Also, why is this place tax exempt?
Some other notes:
- If this is Philadelphia, just note that you will likely need to publication if you want a marketable title. And if so, the publication costs in Philadelphia can get pretty absurd. For example, last time I did a publication there for quiet-title, it cost me about $1,500 per publication and you need to do it at least twice. Granted, it was a convoluted action with many defendants. But something to keep in mind.
- You cannot realistically handle a quiet-title/adverse possession lawsuit on your own. I would find a lawyer to work with you on this if you really want to pursue it.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.
Thank you for the advice, Chris. I have spoke to attorneys and they keep mentioning that this is one that has fell through the cracks. No family member ever took this to probate and I’m not sure how it remains exempt.
Any other suggestions on what you think I might do instead of the quiet title. The property is actually located in, Georgia.