Legal Question in Real Estate Law in Virginia

My great great grandfather bought land in 1885 in Virginia. No will has ever been found. In the mid 1940s, my granfather began paying the taxes until his passing in 1996. My father paid the taxes until his passing in 2008. I now pay the taxes on the property. Can I get title to this land?


Asked on 8/10/10, 7:52 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Paying the taxes is not enough to establish clear title. If there were no wills, no siblings, and no surviving widows of each of the people in the chain, you own it now, but if there were any siblings, you own a fractional piece. It is very difficult/impossible to establish adverse possession by one co-owner against the others. If you can determine who the heirs are, you may be able to buy out their interests.

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Answered on 8/15/10, 8:13 pm
Michael Hendrickson Law Office Michael E. Hendrickson

You may need to file suit in the circuit court of the city or county where this land

is located in order to establish your claim as the owner of record of this property and/or to quiet title (if others are controverting

the matter).

Your best option at this point should likely involve your scheduling an appointment with an attorney in the area who handles real property law matters in that particular court and who should be able to further advise you on your particular situation as described.

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Answered on 8/15/10, 8:18 pm


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