I'm trying to sort out an obliterated ¼ corner. I found the stone but it is loose on the top of the ground on a small road cut about 5 feet from mid point. So there are some fences that might help as there has been a 66 foot wide access deeded for many many years. Also fences 1 rod on each side of the township line here and there.
So I know who used to own the land, a guy about 75 years old. I go talk to him about what he my know. He tells me they still own the strip of land but it is in his Grandpa's name. Seems when grandpa died they missed some of the land, three strips that had been purchased for access to other land. The other land was split up to the family and has since all been sold. Guy tells me his dad told him to keep the taxes paid, which he has done. They have never sold it due the the probate problem (grandpa not around to sign the deed). We are talking more than fifty years here that grandpa has been gone but one descendent of the family has kept the taxes paid. There is probably more than a hundred heirs at this point.
They don't want to do anything but it has me wondering. In Utah you must pay the taxes on property and have some claim to title for adverse possession. As an heir that has paid the taxes for all these years could a claim of adverse possession be made? Or do they need to probate or maybe do a quiet title (to big a deal at this point).
Maybe the great grandsons just continue paying the taxes. There is 8 acres all together.
The guy didn't know about the quarter corner but he as able to give me important information on the history of the fences. I think I'm going to be able to put the corner back where it was, obliterated not lost.
This land is not worth the trouble to sort it out. I'm thinking the cheapest way would be to stop paying the taxes and then buy it at the tax sale. I suspect these folks are to proud to see their name show up for not paying the property taxes. Their still is an ethic in part of America.
Assume others have been using those strips for years and other than one heir paying the taxes the rest probably have no knowledge of their vast holdings. I think I would suggest that the one paying the taxes contact the users of the land and request that they make a claim using acquiescence or take some other form of quite title action in the courts and be done with it. Very unlikely that all those who may have an interest, would ever all sign a deed document, transferring their interest. Sounds like the corner location is going along with some confidence using supporting evidence.
jud
Have the adjoiner quitclaim the strip to the taxpayer. Then he will have color of title, which will be better title than anybody else's.
You can bet that a will passing interest in land is most certainly color of title. If the grantor can be shown to have title, it's a transfer of title in fact, no less than a deed.
Does that remove the other heirs from having an interest in the property? I suspect to clear title for disposal, all heirs need to be involved, not missing one, or court action to clear title and that is lawyers work other than providing a description if they are not in the record. Maybe the assumption that a strip remaining was never the intent, argument might support clearing the title, but the taxes being paid all these years has kept the heirs in the picture and all will probable never agree, nor does one heir paying the taxes give him any more rights than any other heir. This sounds like the cleanest way to clear title is to use the courts. Maybe they will just choose to continue as is.
jud
Some states do not allow adverse possession against a family member. I would think that if the one paying the taxes deeded or quitclaimed his share of the land to whoever currently holds title to the rest of grandpa's land, That person could start paying taxes and eventually have adverse possession rights to the 8 acres. As far as what the adjoiner would be willing to pay, let him pay it out over 25 years. It will be paid off in the same time frame as his adverse possession claim.
James
> You can bet that a will passing interest in land is most certainly color of title. If the grantor can be shown to have title, it's a transfer of title in fact, no less than a deed.
True, but I was looking for a solution that required minimal lawyer-ly intervention.
> Does that remove the other heirs from having an interest in the property? I suspect to clear title for disposal, all heirs need to be involved, not missing one, or court action to clear title and that is lawyers work....
> jud
I agree. The taxpayer has Adversely Possessed his co-heirs out of their interest by now and a moderately good lawyer would clear this up in good time. For a handsome fee, of course.
> True, but I was looking for a solution that required minimal lawyer-ly intervention.
If I had a non-lawyer solution for you, I'd sell it to you cheap. Is a Judge required to get a deed out of a will? First question for the title co, who can refer you to a local lawyer who like making money from estate work.
Hope they don't need a different lawyer for every one of several benficiaries. Lawyers pass those cases on to their grandkids as an anuity.
I would ask him if he wants to pay my taxes for me too. Why would he want an access strip to lands no longer owned? Or does he own the section that the access strip is part of? Not enough info, but jurisdictions differ dramatically on how they treat claims of adverse possession against fellow tenants (common or joint). And devisees have a stronger claim than mere heirs, unless maybe they are predemitted heirs. I would avoid giving any advice on this type of situation, because they are entitled to rely on your opinion and if it hurts their legal position you could be liable for damages.
I'm not giving any legal advice, I'm just curious about the situation.
The strips are a 66 wide strip for 1980 feet that attaches to strip 165 feet wide for 1320 feet. Then there is a 33 wide strip 1320 feet long completely land locked. It's all about two miles from any city and dry juniper/grassland. At one time they grew dry land wheat on some of it, its all just dry pasture now.
My only interest and the reason I talked to the guy was searching info about the 1/4 corner which is a corner to the long strip. I'm finding and fixing up section corners under a county contract.
I've seen other land still titled in the records to folks decades dead, it just seems sort of strange to me. But in this case it seems to me that the value of the land is much less at this point than the legal work to get it sorted out. The guy told me they wasn't going to do anything but keep paying the taxes. I suppose his boys will need to deal with it if they wish.
I think what I'd do if it was my situation would be to let it go to tax sale and then try to by it. I suppose the risk would be a bidding war with the adjoiners or other third parties.
What would the county do with the extra money if it sold for more than the taxes due? Try and find the heirs, I don't think so.
