Legal Question in Real Estate Law in California

How to cleanly abandon real property

I own a vacation lot and intend to abandon the property. How should I proceed to do this and cleanly close all loose ends?


Asked on 3/27/07, 4:28 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: How to cleanly abandon real property

What county is it in? You may have to quitclaim it to the county to avoid taxes. Call me directly.

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Answered on 3/27/07, 5:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How to cleanly abandon real property

A fee interest in real property can't be abandoned. Easements, mineral rights, and the like can be abandoned. To give you detailed advice, I would need to know what kind of estate you own (fee simple, contract for deed, life estate, etc.) and why "abandonment" seems like a necessary action.

Deeding it to the county is not the same as abandonment; it is a gift of your interest. The county theoretically can refuse to accept the gift.

If there are environmental pollution issues, escaping responsibility is a lot more difficult than merely divesting yourself of title.

Have you tried selling the property to your neighbor for a nominal sum, say $10? That would get you "off title" and establish a sale for what is probably an income tax writeoff.

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Answered on 3/27/07, 5:40 pm


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