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How do I obtain abandoned property? The owner stopped paying taxes. I rent the cropland. Another rents a tavern.
Anonymous6 views2 answers
1) The property has two leased parcels. A Tavern and cropland.
2) The owner stopped paying property taxes. The tavern owner paid the taxes to stop a sheriff sale and has continued to pay the taxes in lieu of paying rent.
3) We have continued paying the cropland rental to the owner but he has stopped cashing the rent checks the past two years and won't respond to phone or mail attempts to contact him.
4) The tavern owner approached me and said he has paid 6 yrs worth of taxes and will be taking ownership of all the property through Squatters Rights. He has had no dialogue with the owner.
5) the reason the owner is abandoning the property is that it was a former gas station and before it can sell, he must remove the underground gas tanks per the county land conservation dept.
As I understand the relevant Wisconsin law, the tavern owner will have to have paid the property taxes for 10 years before he can acquire title through adverse possession (aka squatter's rights). Since you haven't paid the property taxes, you aren't in the same position unless you and the tavern owner can work out a deal. Still, I'd be careful about counting my chickens before they hatch when it comes to adverse possession.
Another thing to consider is this: if the owner is no longer cashing checks or responding to attempts to contact him, he may have died. If that is the case, then there are potential heirs out there who might be interested in acquiring his property and might make a fuss later on.
Finally, whoever gets the property is going to get the environmental problems that come with it, including the requirement of remediating the USTs before being able to sell.
I would strongly recommend you consult with a real estate attorney and/or an environmental law attorney in your area before you decide to try and become a part owner of this property.
You should hire a real estate lawyer in Wisconsin to help you with the adverse possession rules there. These rules are usually based both on the written law and on case law. Mr. Atchley has given you a marvelous summary of your state's adverse possession rules.
