Land Purchased At Tax Sale Can I Build

Comments(7)

• 
  RonaldStarr6th December, 2003

  Sberry-------------
  
  I am not sure I understand. Are you talking about the deed to you from the taxing entity or sheriff's office? Or are talking about an earlier deed to a previous owner?
  
  If the former, I'd call the taxing entity and try to get an explanation. I'd also wonder why they did not announce at the sale that a deed from them would have this restriction. And I would try to get them to rescind the sale, for nondisclosure.
  
  If the latter, I'd talk to an attorney about the matter. It is possible that such a phrase has no validity or enforceability. I might check with the building permit authority in the city, township, or county and ask them, in general, without disclosing which property I was talking about, if such a phrase in an earlier deed would cause them to deny a building permit. And if they said "yes," if the tax sale deed would nullify it. According to Miller and Starr's "Current Real Estate Law in California" here the tax deed starts new chain of title. I think this might mean that such a restriction in the old chain of title would be unenforceable. I don't know about your state. At least I'd inquire with an attorney about this.
  
  Good Investing************Ron Starr***********

• 
  myfrogger6th December, 2003

  Sounds like solid advise to me. Good luck!

• 
  JohnMerchant6th December, 2003

  I'm wondering if you have the deed, or just a tax cert, and if the delinquent TP could still redeem the property...if so, of course you couldn't do much of anything to it until you do have the deed...if ever.
  
  But if you do have full f&C title, then you should talk to your lawyer so he/she can research the RE & tell you what's up (or down

• 
  Sberry8th December, 2003

  I'm sorry maybe I should clarify. I live in the state of georgia and there is a website where you can go online and read anyone's deed record.
  
  I printed out part of the deed which states:
  
  TO HAVE AND TO HOLD the said described premises to Grantee, so that neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title to said premises or appurtneances, or any rights therof.
  
  The Property conveyed hereunder is subject to the following restrictive covenants which shall run with the land for the benefit of Grantor and the Association, as such term is defined in the Declaration of Covenants, Restrictions and Easements for #@#@ subdivision ( the "Declaration" which also encumbers the Property:
  
  1. No house or single family dwelling may be constructed on the Property;
  
  2. Grantee shall maintain the area from the top of the slope to the back of the curb; and
  
  3. Any landscaping, fencing or improvements of any kind must received prior approval from the Architectural Control Committee (as such term is defined in the Declaration).
  
  I'm not sure is these paragraph's are standard because I seen this same deed on another property that I bought at the tax.
  
  Let me know.
  
  Thanks

• 
  GlennI8th December, 2003

  This sounds link a CC&R (covenant, conditions and restrictions) for a subdivision in an association (such as townhomes or condos). It sounds like a deed to "common property or open space" that the association owns.
  
  In AZ I was told that the counts tend to treat these assoications as "mini-governmental entities" and generally enforce the restrictions.
  
  Bottom line -- check if there is an association involved, and consider if/when to get legal counsel. If there is an association, you can probably make them pay you to re-acquire the property that they are supposed to hold for the use of all association members...
  
  Glenn

• 
  RonaldStarr9th December, 2003

  Sberry--(NC)-----------------
  
  I concur with GlennL on this one. I too, think it sounds like a common area restriction.
  
  I'd not be buying common areas unless I thought that the property owners would want it back. And pay well to do so. I've never bought such properties, although they have come up many times. Not for me.
  
  Good Investing*********Ron Starr***********

• 
  RonaldStarr9th December, 2003

  Sberry--(GA)------------
  
  Opps, sorry, I didn't mean to move you so uncerimoniously to another state.
  
  Good Investing*********Ron Starr********