Legal Question in Real Estate Law in New York

Hello, I bought a piece of vacant property off a gentleman who indeed purchased through a tax auction 12 years ago. He is the only person who has paid taxes on the land. My question is a as follows: The deed mentions a "common area"?

I have been given conflicting information?

1.) Once it went up for tax auction and went to private owner.. Others rights to land are null and void? (or severly restricted?) Example: I could indeed post land?

2.) It's still common area?

Can anyone help me with this question?

Joe

(land is in upstate NY)


Asked on 9/18/12, 7:29 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Tax sale purchases only effect ownership, not Deed restrictions that may have been included in prior Deeds. If a prior Deed created some common area that continually runs with changes in ownership, a tax sale would not itself eliminate it. Prior Deeds need to be examined to see what limitations may exist.

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Answered on 9/18/12, 9:19 am


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