Notifications
Clear all

Landlocked parcel

19 Posts
14 Users
0 Reactions
5 Views
(@john-hamilton)
Posts: 3347
Registered
Topic starter
 

I likely asked this question here years ago, but I wanted to get some fresh insight from forum users.?ÿ

There is a landlocked wooded parcel adjoining my property, about 1.5 acres. My property is on the north side of the outlined wooded parcel shown below.?ÿ

image

On all other sides it adjoins small subdivision lots, in their back yards. My side is the only one with open access.?ÿ

This was leftover from a subdivision of a larger property, but it was never included on any subdivision plans. The company that owned it went out of business in the 1970's, and no taxes have been paid on it since then. The county sold it (along with thousands of other tax delinquent parcels) to a company that tries to collect the back taxes. However, that is just one of three taxing bodies (municipal, school district, and county). I did contact the company that owns the back taxes, they said they would be willing to put it up for sheriff's sale, not even sure how that would work.?ÿ

I don't think adverse possession (which would be 20 (or 21?) years) is an option. The school district has by far the highest tax millage, so the back taxes could be quite substantial. However, since there is no other access, I doubt they will ever be able to recoup that, maybe they would be happy with some fraction??ÿ

In any case, there is no deed, other than the overall deed for the larger parcel that was subdivided. No deed book or page is listed on the county web site. What is done in a case like this??ÿ

I tried to convince my lawyer daughter to study real estate law when she was in law school, but they never listen...

Just looking for some ideas and insight...

 
Posted : 08/08/2019 12:00 pm
(@jerrys)
Posts: 563
Registered
 

First let me say I know very little about this, but my understanding relating to such tax sales in Tennessee is that the property owner of record, and their heirs or assigns, would have a certain period of time, perhaps a year after your winning bid, which goes to satisfy the tax lien that is on the property, to redeem the property by paying the taxes themselves, and thus not losing their property to a tax lien foreclosure.?ÿ In your case, the prospect for development seems nil because any other adjoiner could only access the tract by running a street through their own property which would also go through their own dwelling.?ÿ I say that because there is no apparent undeveloped right of way through any of the adjacent subdivisions.

If the laws there work anything like Tennessee's, it would appear that the county has already sold the tax lien to the company you're talking about.?ÿ They obviously hope to profit from their purchase but you have what would seem to be a more viable interest in the parcel than anyone else.?ÿ With the slim prospect of another interested party, the current owner of the tax liens might be willing to simply recover what they are out for this otherwise unsaleable piece of land.

 
Posted : 08/08/2019 1:19 pm
(@scott-ellis)
Posts: 1181
Registered
 

I would call it the residue tract of whatever the tract was called, I would try to buy it from the company or Sheriff?ÿ auction, looks like several other tracts share a boundary with it, and any of those Lot owners could buy the tract.

 
Posted : 08/08/2019 2:01 pm
(@jp7191)
Posts: 808
Registered
 

Looks like a development opportunity. What is the trend in your area? Is your land developable, and will the wooded area add to that developable area? ?ÿIf so then it is time to join forces with a developer type and move or position yourself for long term opportunity to make money. ?ÿMy 2 cents, Jp

 
Posted : 08/08/2019 2:49 pm
(@bill93)
Posts: 9834
 

I know little about such matters, much less in PA, but my first research would be to learn the difference between the county selling the lien versus selling the property.?ÿ I didn't know the lien could be sold to bill collectors. Why would anyone who cares to keep the property pay them rather than having paid the county (unless Cousin Luigi is the collector)?

I usually hear about sheriff sales, where I think the price could be less than the back taxes and any taxes in excess of the sale price are written off.?ÿ And there is always a redemption period.

 
Posted : 08/08/2019 3:18 pm
(@flyin-solo)
Posts: 1676
Registered
 

couple thoughts immediately come to mind:

1. i'd wanna get real familiar with what the restrictions are for the adjoining single family subdivision.?ÿ because if somebody can buy (or currently own) one of those lots, tear the house down and convert it into r.o.w. for a potential new subdivision, then you have additional "competitors" to worry about.

2. round these parts "sheriff's sale" would basically equate to the owner throwing in the towel and taking pencil shavings for their investment.?ÿ and even if it washes out in the scheme of their bigger picture, i would think a phone call or two to somebody who might hear a reasonable?ÿoffer might mean you could subvert their usual by-the-book thing and get it for pencil shavings + a six pack or so.

 
Posted : 08/08/2019 3:39 pm
(@daniel-ralph)
Posts: 913
Registered
 

I would expect that an owner along Clifton Road might have an interest in this parcel so you should be watching for one of those to go up for sale. If there are no barriers to development like wetlands, steep slope, drainage, or something else and if utilities could be extended to it one could tear down a house and provide access, develop it into ten or so lots and retire.?ÿ

Are you sure that the two parcels to the left of it that form a triangle are not subject to an easement to get to this parcel? That seems natural.?ÿ

 
Posted : 08/08/2019 3:43 pm
(@bstrand)
Posts: 2272
Registered
 

How did the county convey the parcel to the bill collector if there is no deed anywhere??ÿ

 
Posted : 08/08/2019 4:14 pm
(@flga-2-2-2-2-2-2-2-2)
Posts: 7403
Registered
 

I have no idea about your delima, however, if someone other than you purchases the property you will be in an excellent financial position with respect to ingress/egress. You could sell, lease or rent access. ?????ÿ

 
Posted : 08/08/2019 4:38 pm
(@hpalmer)
Posts: 432
Registered
 

My comments mixed in below.?ÿ I have some experience with these issues but had a good attorney and court system to sort them out:

This was leftover from a subdivision of a larger property, but it was never included on any subdivision plans. The company that owned it went out of business in the 1970's, and no taxes have been paid on it since then. The county sold it (along with thousands of other tax delinquent parcels) to a company that tries to collect the back taxes. However, that is just one of three taxing bodies (municipal, school district, and county). I did contact the company that owns the back taxes, they said they would be willing to put it up for sheriff's sale, not even sure how that would work.?ÿ

I don't think adverse possession (which would be 20 (or 21?) years) is an option. The school district has by far the highest tax millage, so the back taxes could be quite substantial. However, since there is no other access, I doubt they will ever be able to recoup that, maybe they would be happy with some fraction??ÿ

In any case, there is no deed, other than the overall deed for the larger parcel that was subdivided. No deed book or page is listed on the county web site. What is done in a case like this??ÿ

I tried to convince my lawyer daughter to study real estate law when she was in law school, but they never listen...

Just looking for some ideas and insight...

?ÿ

first, this appears to be an escheat sale.?ÿ Not sure all the above info is correct as (depending on state law) only the taxing entity as authorized by state legislature has the authority to tax a parcel - each state is different.?ÿ Generally when a property is sold for back taxes (escheat) the taxes are paid out of the sale and the property is conveyed fee simple.?ÿ The question is obtaining clear title and obtaining title insurance.?ÿ If the escheat sale was conducted in accordance with state statute, this should not be an issue.

?ÿ

As far as 'landlocked' land, not sure there is such a thing as most all properties have been accessed at one time or another.?ÿ The issue may be proving a right to that access.?ÿ Deeded access is another issue.?ÿ In our area, a court often grants a defined access in situations like you describe but the grantee needs to pay the value for the access.

Hire the best real estate attorney who has experience with these issues in the state you reside.

As an option, if a public entity holds title to the property, then make them an offer subject to clear title.

good luck,

?ÿ

 
Posted : 08/08/2019 5:07 pm
(@a-harris)
Posts: 8761
 

Cash only, with no access, no mortgage company will touch it.

According to HUD, a property would only sell for what it can be appraised for unless it was an auction and it was a much-wanted item.

Usually, before a property goes into sheriff sell, the taxing entity will hand it over to a collection firm to try and force someone to pay the taxes.

If some company has found a way to buy the property before a Sheriff sell, then that circumvents the usual procedure.

Any property sold would be for an amount that must be approved by the appropriate parties that control the taxing areas and satisfy all of them as to the amount owed or agreed percentage of.

You and anyone that would be able to supply means to access the property should be able to grant access and possibly be able to borrow money, otherwise, it would still be a cash purchase.

 
Posted : 08/08/2019 6:12 pm
(@scott-ellis)
Posts: 1181
Registered
 

@bstrand

Its the remainder/residue of the original tract 

 
Posted : 09/08/2019 5:42 am
(@john-hamilton)
Posts: 3347
Registered
Topic starter
 

@hpalmer

You are correct in that in PA there is no such thing as a landlocked parcel, the owner can petition the courts for access, not sure exactly how that works as I don't think it happens very much. My 8.5 acres is the last undeveloped portion of an original 74 acres, that other parcel is from an adjoiners farm, they were never part of the same parent parcel. Not real sure about the original patent, I think that was actually a different grant from the Penns. The only deed I don't have is the original patent, those are in Harrisburg and not in the local courthouse. 

Now that I have a lawyer in the family (daughter), I will get her to investigate. She works at the law school as a fellow, so she has access to the professors there. 

 
Posted : 09/08/2019 10:14 am
(@bstrand)
Posts: 2272
Registered
 

@scott-ellis

OK.  But there should still be a document somewhere saying as much, yes?

 
Posted : 09/08/2019 7:38 pm
(@scott-ellis)
Posts: 1181
Registered
 

@bstrand

Maybe, it just depends on if it has been Surveyed. According to the original post it has not been. Depending on who does the legal description of the tract it could be... being an XX acre tract Save and Expect and list all of the other tracts out of it, or it could say the remainder of an XX tract, or it could be by metes and bounds. This should also be the Junior tract so whatever is left is what is left.

If I was doing the Survey I would call it the residue of an XX tract and then described it by metes and bounds.

 
Posted : 12/08/2019 5:41 am
Page 1 / 2