Legal Question in Real Estate Law in District of Columbia
Adverse Possession of Abandoned Property
There is an abandoned property in my formerly quiet neighborhood, which is occupied by squatters. The local government has assessed liens, special assessments, and back taxes. The original owner died several years ago. His elderly brother, now owner, stayed in the residence briefly 5 years ago. The place is falling into the ground. The squatters keep entering. The closest neighbor to it an elderly man was assaulted at gunpoint in his home in the middle of the night.
The elderly owner on the tax rolls has an address listed as the abandoned property, so letters bounce back. I found him on the internet and sent him a priority letter making him a token offer of 50K. I follow-up called him, and he said ''no thanks''. I called back and told him to name his price. Again, he said, ''no thanks'' and hung up. Is there anyway I can acquire the property before the city exerts eminent domain and take it or before the city includes it at the next tax sale?
Thanx.
3 Answers from Attorneys
Re: Adverse Possession of Abandoned Property
You cannot acquire the property unless the owner agrees to sell it to you or you place the winning bid when it is auctioned at a tax sale.
Re: Adverse Possession of Abandoned Property
Running a title search is going to be your first step... you need to know who really is on title!!! (can be tricky if owner died... and probate has not started). any offer should be in writing (a formal contract is to be used... not a napkin), you can also employ a real estate attorney who can hold the earnest money deposit in escrow: this will show the seller that you are serious. if the seller does not agree to sell... and if the property is really in such a bad shape...you may want to try to get the property condemned: this will force the owner to take steps... and hopefully he will then decide to sell it... except that he may not like you very much at this point.
Sincerely,
Tiziana Ventimiglia
Re: Adverse Possession of Abandoned Property
If you are serious about buying this property, you seriously need to consider doing a title search first to see who the actual record owner or owners is, and to attempt to establish the amount of any liens of record (taxes, special assessments, judgment liens, etc.) which may be on the property. There may also be easements, deed restrictions, etc. etc. which will affect your ability to validly purchase it, and also whether you even want to purchase it.
It's possible the gentleman whom you think to be the owner, does not have legal power to sell it, which may be why he told you to "take a hike." It's also possible that he thinks you're running some kind of "scam" on him.
A contract is a piece of paper, not cash on the barrelhead. Assuming there are no title or lien problems disclosed by your title search, and you still want to try to buy this property; and the man you spoke of is the legal owner, with power to sell; you may want to consider renewing your offer, only this time, include a certified or cashier's check for a substantial deposit along with your written offer. Of course, you would need to consult a real estate attorney to assist you with all of the above.
Of course, if you were planning on buying the property with no, or little, money down, then essentially you are asking the seller to finance the transaction.
These no-money down things are hard to make work in a legitimate fashion. Any rational seller in a reasonably strong real estate market is taking a huge risk selling on a no-money down basis to an unknown buyer.
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