Legal Question in Real Estate Law in Texas

Can land with lien on it from IRS have the dirt sold off it.

My neighbor tried to sell me his land, but we found out the IRS has a large lien on it (more than the land is worth). Since we couldn't buy it the neighbor is now selling the dirt off the land. Of course we hate the constant flow of dump trucks so close to our house. Is this legal? Anything we can do to stop it? Thank you.


Asked on 6/24/06, 5:50 pm

1 Answer from Attorneys

Charles White Charles G. White

Re: Can land with lien on it from IRS have the dirt sold off it.

I could recommend an action for injunction based upon violation of restrictive covenants, city ordinances, nuisance, and perhaps a number of other matters.

HOWEVER, the most economical way of handling this matter is to contact IRS and inform them that you are an available purchaser. In the old days IRS would have worked with you. If IRS has not adopted the habits of customs and immigration, they are likely to do something about, and bring about an instant foreclosure to get whatever they can out of the property at fair market value rather than the amount of the tax bill.

Good Luck!

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Answered on 6/24/06, 7:40 pm


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