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I own 2/3 of 25 acres farmland. Joe ownes 1/3 and never paid taxes in 30 yrs. I want 2 sell. He wont answer me. What can do?
Anonymous2 views4 answers
I have his home and cell #. I found him on facebook. He does not answer any of my attempts to contact him.
The property is vacant farmland upstate NY. HELP!
Terrence Michael NolanChapter 7 Bankruptcy AttorneyBaltimore, MD ·
I practice in Maryland, not New York, and I have learned that in real estate matters, New York uses attorneys where other states do not. However, I believe the laws on this issue are similar. At the Common Law of England, a joint tenant that preserves an asset is entitled to contribution from the non-paying owner at the time of sale for the: principal (in Maryland not interest, NY law may differ); insurance; and taxes paid. You will likely need to file a Partition Action and obtain a Court Order to do the sale, as he is unlikely to consent to a sale where he winds up owing you money. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
Bring an action for Partition (to split the property if feasible - to compel a sale if unfeasible).
As part of the proceedings, sue for the additional contributions to the maintenance of the property.
You don't state what you want to do. Do you just want contribution on the taxes? Do you want to sell the property? Do you want to divide the property? Answer these questions first, then I would suggest go sit on his doorstep and say look: these are the options depending on what your answers to the questions are. It sounds like he won't be willing to contribute any money towards taxes, but he might be willing to sell out to you with a credit towards the taxes you have paid (or some portion of them keeping in mind you probably couldn't collect or get credit for more than 6 years of taxes at most). Be friendly, not confrontational. It will be a lot cheaper than hiring a lawyer to force a resolution.
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