View Full Version : How do I acquire a property with no title or deed?
mreyno2003
Jun 14, 2010, 07:07 PM
I have found a few parcels of vacant land that appear to have no owner or tax record. Without a legal description, deed, or title how can a deed be created and filed to acquire the property? I would like to do this myself without an attorney. I can create a longitude and latitude description and submit the title to be recorded. Will that work? Thanks
LisaB4657
Jun 14, 2010, 07:44 PM
Sorry but that won't work. Every piece of property is owned by someone--you just haven't found the owner yet. If you go to the township tax assessor's office you can figure out the lot and block numbers of the parcels by looking at the tax maps. Then the assessor can tell you who they currently show as the owner. Then you should go to a title agency and order a title search for those tax lots to find out information on ownership, liens, easements, restrictions, etc.
AK lawyer
Jun 14, 2010, 08:41 PM
Sorry but that won't work. Every piece of property is owned by someone--you just haven't found the owner yet. If you go to the township tax assessor's office you can figure out the lot and block numbers of the parcels by looking at the tax maps. Then the assessor can tell you who they currently show as the owner. Then you should go to a title agency and order a title search for those tax lots to find out information on ownership, liens, easements, restrictions, etc.
Yes, and property descriptions, in those places where I am familiar, are normally done in terms of townships and sections, not longitude and latitude. Not to say it wouldn't be possible, but I have never seen it done that way.
mreyno2003
Jun 15, 2010, 01:47 PM
Yes, and property descriptions, in those places where I am familiar, are normally done in terms of townships and sections, not longitude and latitude. Not to say it wouldn't be possible, but I have never seen it done that way.
Thanks for both of your answers and I respect your expertise but the parcels I am referring to are islands that have no property records. There is no legal description, no tax id #'s, no one has paid taxes on the parcels before so I am in a bit of bind not knowing how to proceed. If you could offer some more advice, I would appreciate it.
LisaB4657
Jun 15, 2010, 01:50 PM
Ok, I'll try. Where are these islands located?
mreyno2003
Jun 15, 2010, 02:15 PM
Ok, I'll try. Where are these islands located?
Thanks, Lisa
They are located in South Florida in Monroe County, Fl.
LisaB4657
Jun 15, 2010, 02:24 PM
If the tax maps in Florida are done on a county basis then you can go to the tax assessor of Monroe County. If the tax maps are done on a municipal basis then you should start with the tax assessor of the town on the mainland closest to the islands.
An easier way would be to just go to a title agency with a map showing the islands.
mreyno2003
Jun 15, 2010, 02:49 PM
If the tax maps in Florida are done on a county basis then you can go to the tax assessor of Monroe County. If the tax maps are done on a municipal basis then you should start with the tax assessor of the town on the mainland closest to the islands.
An easier way would be to just go to a title agency with a map showing the islands.
Thanks, I will try that first. Just so you know, I went to the GIS website and there aren't any owners. Let's just say that there wasn't a recorded owner, can I quiet title these islands? Would that the appropriate procedure? What do I do when there isn't a previous owner? Thanks...
LisaB4657
Jun 15, 2010, 02:57 PM
Title agency. In case I didn't make it clear enough, TITLE AGENCY.
A title agency will search the title, figure out ownership, check for liens, encumbrances, restrictions, etc. and tell you what needs to be done to get clear title. Once everything is finished you can (should, must) buy a title insurance policy. Using a title agency will cost less than using an attorney and when you're done you'll know that you have clear title.
mreyno2003
Jun 15, 2010, 03:50 PM
Title agency. In case I didn't make it clear enough, TITLE AGENCY.
A title agency will search the title, figure out ownership, check for liens, encumbrances, restrictions, etc. and tell you what needs to be done to get clear title. Once everything is finished you can (should, must) buy a title insurance policy. Using a title agency will cost less than using an attorney and when you're done you'll know that you have clear title.
Thanks for your insight and time. I am taking your advice. Hope it isn't too expensive...
AK lawyer
Jun 15, 2010, 03:57 PM
... What do I do when there isn't a previous owner?.
Were these islands recently created by accreation or some similar process? As I read the Adams-Onís Treaty of 1819 (http://www.tamu.edu/ccbn/dewitt/adamonis.htm), they would belong to the Federal government, unless they were (previously or since) granted to the state or to a private individual:
All the grants of land made before the 24th of January 1818. By His Catholic Majesty or by his lawful authorities in the said Territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the Territories had remained under the Dominion of His Catholic Majesty.
Fr_Chuck
Jun 15, 2010, 05:44 PM
Assuming you are talking about land within the US, everything is owned by someone or some body.
Please tell us where this is