TAX DEED QUESTION

James, What happens when a house is built on two lots, however the warranty deed transferred only one lot. Taxes are paid on one lot and not the other lot. How would a taxdeed on the second lot affect the property?

MY ANSWER

Not a good scenario at all. First you must decide if this is a propery tax deed that justifies your effort and time. In my opinion, the above scenario typically happens with mobile homes as they are more prone to being sold without warranty of title, title insurance and mortgages. I have never seen this happen with a site built home as there are typically mortgages-where the bank would have caught such an error or the title underwriter or the title agent, not to say it can't happen-just never seen or heard of this happening.

TAX DEED Assumptions: the lots were not enjoined under a single PIN as one has taxes paid while other does not, the structure residing on the lots is shown in the Property Appraisers records as being situate and lying on the non tax deed parcel.

My TAX DEED experience: Citrus County Circuit Civil Case#2007-CA-1253
Same type of situation. The Contiguous Property Owner "CPO", believed he had been paying taxes on both lots but was only legally conveyed one of the two parcels. Tax deed issued after non payment of taxes for 3 years. "CPO", upon being approached by Party In Ownership of Tax Deed "PIO" who informed him he had to move out, filed notice of objection to the quiet title action. Upon hearing for final judgment to quiet title there were media, concerned citizens, "CPO"'s neighbors and friends and family in attendance. "CPO" objection was that he was not notified of the pending tax deed sale or non payment of taxes, "CPO" was also under the assumption that both lots had been enjoined in a single parcel upon which he had been paying his taxes. "CPO" had not performed a title search prior to the conveyance.

Legally, "CPO" was not the title holder nor did he hold or have a recorded interest in the property. The true fee simple title holder and parties of interest were notified of both the preceeding tax deed sale and forthcoming quiet title action. In the end the judge stated that under and by statute she had no choice but to grant the final judgment in favor of Plaintiff. "PIO" is now in ownership of the parcel. "PIO"'s parcel was contiguous to the parcel on which the Property Appriser's data assessed the mobile home but more than 18 foot of the mobile and a pool resided on the property now owned by "PIO".

"PIO" failed to pay for service rendered, a lien against all and any real property owned was recorded in the official records of Citrus County, "PIO" signed over interest in subject property thereby satisfying lien, property was resold to "CPO" who now has full right and title to both parcels. BUT, "CPO" was pissed that he had to pay anything as it, in his words, was a rip off to pay for property he already owned and informed us that we were scum. Had I known he was going to be nasty I would have filed an unlawful detainer action and attempted to take possession of the mobile if he did not remove it from my property. "Don't know if this would actually work, never been down that road before".

Had "CPO" been more aware of laws of adverse possession he could have brought forward a compelling case for adverse possession without color of title as he had fulfilled the stautory requirements of possession time, being open and obvious, making improvements and being known. Had he hired an atttorney and gone this route the qt action may have been blocked.

Is the perspective property tax deedd you are looking at really worth it? Possibility of lengthy legal battle encompassing numerous actions and tons of time, this coupled with your opportunity loss-find an easier target.

I am not an attorney, this is my opinion.

Definition Detainer:
The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus. A detainer or detention of goods is either lawful or unlawful; when lawful, the party having possession of them cannot be deprived of it. The detention may be unlawful, although the original taking was lawful; as when goods were distrained for rent, and the rent was afterwards paid; or when they 'Were pledged, and the money borrowed, and interest were afterwards paid; in these, and the like cases, the owner should make a demand, and if the possessor refuse to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff. There may also be a detainer of land and this is either lawful and peaceable, or unlawful and forcible. 1. The detainer is lawful where the entry has been lawful, and the estate is held by virtue of some right. 2. It is unlawful and forcible, where the entry has been unlawful, and with force, and it is retained, by force, against right; or even when the entry has been peaceable and lawful, if the detainer be by force, and against right; as, if a tenant at will should detain with force, after the will has determined, he will be guilty of a forcible detainer. A forcible detainer is a distinct offence from a forcible entry. A writ or instrument, issued or made by a competent officer, authorizing the keeper of a prison to keep in his custody a person therein named. A detainer may be lodged against one within the walls of a prison, on what account soever he is there.

If you need more info on Florida adverse possession law and my notes in regards to detainer and adverse possession -I have much more. I filed a suit against Embarq Communications 4 years ago for taking and possessing property outside of the easement of record, approximately 800sqft outside of easement. In the end, we settled with Embarq as they were never going to allow this to make it to court with their stalls, and a team of legal personnel to fight me. It wound up being a little money now or many more years of fighting during which I could not sell the property for its true value.

Hope this helps answer your questions.