Can I Claim an Abandoned House in the USA? A Complete Guide

October 30, 2024 7:53 am Published by the idea of claiming an abandoned house sounds too good to be true. Nobody, for sure, wouldn’t want to acquire a house without the hassle of having a huge mortgage or undergoing real estate transactions. Well, claiming an abandoned house is not as simple as just moving in and saying it’s yours. Property laws in the United States are complex. And state by state, their respective abandoned property laws also have different rules. Even adverse possession is a claim which, in certain conditions, a person may own an abandoned property; this can be done, though not an easy feat without so much time and hard work in strict compliance with law. Today we’re going to take you through what you need to know about claiming an abandoned house, adverse possession, and the risks and challenges you may face along the way.

What Does “Abandoned Property” Mean?

  An abandoned house is generally referred to as property that was deserted or left without the concerned legal owner. Such properties might have been left through foreclosure, financial problems, or change of place. Note that you can’t rightfully claim any abandoned property irrespective of its state without completing the correct procedure. Abandoned properties technically are still owned by the original owner or lender, and any seizure without due process can be considered trespass or worse.  

 What is Adverse Possession?

  In some cases, it is possible to legally obtain an abandoned house through adverse possession. Adverse possession refers to a legal principle that provides the right of a person to obtain title over property if they continuously and overtly occupy it for a stipulated period but subject to certain strict conditions. In any case, each state has its requirements, making the successful exercise of adverse possession over property very tough. Conditions for Adverse Possession The main elements that have to be present to assert adverse possession rights are as follows: Continuous and Exclusive Possession You must continuously occupy the property without interruption for a specific number of years. These years usually range between 5 and 30, depending on the state.  

Open and Notorious Use

Your occupation must be apparent and obvious to anyone, even the original owner. In case you try to keep your use of the property hidden, your claim is not going to hold water.  

Hostile or Adverse Use

This is not a call to aggressiveness; “hostile” here simply means occupying the property without permission from the rightful owner.  

Exclusive Control

You should treat the house as yours and, thus conduct improvement work, pay property taxes, and bar people from entering it.  

Payment of Property Taxes

In certain states, adverse possession demands that you pay property taxes on the abandoned house. If you pay your taxes within the required time, it strengthens your claim.  

State-by-State Adverse Possession Requirements

The waiting periods and conditions of adverse possession differ from state to state. Here is an overview of the waiting period in some states:  
Texas:
continuous possession for 10 years.
California:
5 years with evidence of payments of property taxes.
Florida:
7 years continuous occupation.
New York:
10 years under exclusive possession. It is advisable to assess the needs of the state before taking any step forward. You may also hire a real estate attorney who will guide you through this process. Steps on How to Claim an Abandoned House through Adverse Possession If you believe that you have found an abandoned house and that you might be interested in pursuing options to acquire this, here is a straightforward, step-by-step outline that will assist you:    

1. Confirm the Property Is in Fact Abandoned

Study the property to see whether it is abandoned. Start by examining public records; interview your neighbors and anyone who may be aware of when the place was last inhabited and whether any utilities were running. Additionally, search for other abandonment indicators, like delinquent property taxes or utilities being shut off.  

2. Research State Laws

Find out the requirements for adverse possession of the particular state. It will give you an idea about the period and the obligation that has to be satisfied.

3. Occupy the Property Continuously

In case you decide to do so, make sure that you live in the property uninterruptedly. It is meant by physically going and living in it as a home.

4. Pay Property Taxes (if Required)

In most jurisdictions, it’s a mandatory law that a person have to pay for property tax on adverse possession. Showing in court also that, somehow, one has also used the said property during your occupancy of it can prove his acts as possession owner.

5. Paper Documenting

Recordings are needed regarding improvements such as the amount of building expenses or costs, utility payment statements, and tax payments proofs. In the event wherein there will be a presentment in the court the evidences provided will not become feeble.

6. Quiet Title Action

1.Once you establish that you qualify under adverse possession, you must go to court and file a quiet title action. The quiet title action will lawfully place the property in your name because it removes the legal 2.rights that the previous owner might have on that property. Dangers of Taking Vacant Property Even though the idea of taking a vacant house may be tempting, there are risks associated with it: Legal Issues and Conflicts The period of adverse possession is the time during which the original owner or their heirs can regain the property.

Trespassing Charges

You can be charged with trespassing or squatting if you take possession without the law. Expensive Repairs and Maintenance Most abandoned houses require a lot of repairs, which can be expensive and time-consuming.  

Lengthy Legal Process

It takes an interminable time, as well as requires complicated procedure, to file a quiet title action through the court system.

Do Alternative Measures of Adverse Possession Exist?

If the barriers related to adverse possession under law are too high, you may obtain title in another way to an abandoned property as follows: Contact the Present Owner or Lender If you can get the owner, you should contemplate making a direct offer to purchase the property on the spot. Some banks and some owners will sell their properties at a reduced price. Look for Tax Auctions Most vacant houses are sold in tax foreclosure auctions. Chances are that the owner failed to pay the property taxes on it, and the government is placing it up for a tax auction. Work through the Local Government Programs Some cities and counties provide rehabilitation programs to buy and rehabilitate deserted houses.  

Conclusion

An abandoned house in the USA, you would think is so easy to claim through adverse possession. Not really because there are some requirements you strictly need to follow: occupancy, public use, even property tax payment when applicable. Laws vary by states; thus, know very well the laws of your state before you start on this process. Adverse possession, of course has a potential baggage of disputes from original owners and monetary hassle from repairs. It might be smart for those bent on acquiring an abandoned home to consult an attorney regarding real estate issues not to take wrong steps concerning the law. After all, the thought of an abandoned house sounds appealing, but patience and dedication with legal know-how are necessary. In the right approach, an abandoned property is as good as turning over into a new home or an investment. for more information :     CONTACT MIKE ACERRA   read more:  
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This post was written by Trishala Tiwari

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