dimanche 15 avril 2018

Adverse Possession: Does County Tax Auction Reset the Clock on an Adverse Possession Claim

Michigan: [Abandoned house] I meet all of the requirements for a claim of adverse possession of a house I’ve been occupying for 16 years. However, there’s one gray-area issue: At year 8, the county foreclosed the house for non-payment of property taxes, and sold it at tax auction. I never left the house, and in the 8 years after it was sold at tax auction, I still continue to meet the requirements for a claim of adverse possession since that tax auction purchaser never came forward to claim the property in any way, nor gave me permission to be there.
[*Note: The county never made any effort to actually possess the property, or to evict me, or to do anything that an owner would do – the county tax foreclosure process merely passes title to a subsequent purchaser after the tax foreclosure/tax auction sale.]

LEGALESE: At year 8, I didn't have a valid claim of adverse possession, therefore the foreclosure could not extinguish an interest that did not yet exist.

QUESTION: Will the county’s tax foreclosure of the house in year 8 reset the clock in an adverse possession claim?

Thanks much.


Adverse Possession: Does County Tax Auction Reset the Clock on an Adverse Possession Claim

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