On Monday, September 2, 2013 1:50:00 AM UTC-7, wrote:
On Sunday, September 1, 2013 9:01:15 PM UTC-4, Wes Groleau wrote:
On 09-01-2013 16:07, wrote:
I'd say you're not open, that you are in fact a sneak, if
you knowingly allow someone else to pay property taxes on a
piece of land you own. Some states agree, because it part
of their AP laws. In order to claim adverse possession,
someone else, ie the rightful owner, can't be paying the
property taxes. The person making the AP claim has to be
paying them. Sounds very reasonable to me.
If I am listed as the owner, then I am getting the tax bill.
How would someone else be paying it?
If he's getting the tax bill, then it's already his in the
official records. If that's wrong, gonna be a heck of a struggle fixing it.
Who exactly are you referring to? The fact that the person here trying
to claim adverse possession is *not* getting a tax bill and *not* paying the taxes is precisely the point. I'll say it one more time. In some states,
part of the AP law specifically includes that to make such a claim, the
person must be paying the property taxes on the property he seeks
via AP, just as if he owned the property.
And I'll say it again for at least the third time: Provide a cite for that.
snip
That seems entirely reasonable to me. If you own your own lot, you
pay taxes on it. To claim that you own part of the neighbor next door's
lot when the neighbor has been paying taxes on it, not you, seems unreasonable
to me. And apparently to some states too. If you think you own it,
then why aren't you paying taxes on it?
Let's say there is a vacant house on a lot. The owner walks away
from it. A squatter occupies the house and starts paying the property taxes.
So tell us just how that squatter managed to start paying the taxes. He has to prove he owns the property before the tax people start sending him the bill.
After the required number of years, he can claim it via AP. Not
saying all states work that way, but some do. And I'd be curious to
see the case law regarding the issue of tax payments and how courts
have treated it in other states.
And I'd like to see your cite for at least one state that has that restriction.
Also, some states have de minimus exclusions, specifically covering
fences placed a few feet off the correct boundary, and similar
common occurances, where you can't claim AP.
True, most states IIANM require a fence to be erected a few inches on one's side of the line.
Harry K