Legal Question in Real Estate Law in Virginia

quitclaim deed

I have been paying taxes on property(land)listed in someone else's name for over 25 years and fell behind in the payments. I have also been using the property. I have had a trailor there for all these years, although no one is living in it. AfterI catch up the payments am I able to file a quitclaim deed and deed the property to myself?


Asked on 9/01/04, 5:31 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: quitclaim deed

You cannot deed to yourself property to which you do not hold clear title. Although you appear to be

claiming possession of the property for a period of time that would meet the Virginia requirement for adverse possession (15 years, I believe), whether or not you meet all of the other requirements (open, continuous, and notorious possession) to claim title through adverse possession is another matter.

The appropriate way for you to acquire clear title

to this property would appear to be to retain counsel to file what's called a suit to quiet title in the circuit court in the jurisdiction where the property is located and, if successful, receive an order or decree from the court awarding you clear title to the property which could then be recorded with the land records of that same court.

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Answered on 9/02/04, 11:07 am


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