Legal Question in Real Estate Law in New York
Adeverse Possession?
I am not sure if this is what you call it but I have become aware of a property that has been abandoned in upstate ny. I went to the local municipal offices to see if the property had a bank lien and it did not. Being that it was a small town the town clerk told me that the owner had passed away and there were no relations. The taxes owed on the house are only 1 year overdue. I am interested in aquiring this property but the forclosure wont occur they tell me until 2003 because that's how long they wait until it becomes a forclosure issue since there is no bank lien. My question is can I pay the taxes on this property so that I can save this house before it becomes totally destroyed by the elements and ends up costing me more if I wait for an auction in 2003? Do I need to take this issue to court?Thank you for your time.
2 Answers from Attorneys
Re: Adeverse Possession?
Paying the taxes does you no good. This will
cause the municipality to never foreclose
and you will never be able to purchase at
auction
You will also never acquire adverse possession
under the facts submitted because
you will never satisfy the requirement
"under a claim of right"
your best bet is to either become a mere
sqatter until the tax foreclosure, or do youre
own search for heirs, and properly purchase
it from the distant heirs.
Re: Adeverse Possession?
If you pay the taxes, there will be no foreclosure!
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