how do I go about buying the empty lot next door?

May 5, 2015 12:38 PM

I want to buy the empty lot next door (a big empty yard where they tore down a house last year). And then I'll basically just have a bigger yard. I found the owner through the county auditor website, and he is deceased. What do I do?

The owner seems to have passed away in late 2013, . It has a PO BOX listed for him, where I intend to send a letter, other than that what can I do to try to buy the empty land?

Thanks

posted by crawltopslow to Law & Government (13 answers total)

Search Probate Court records. Its disposition might not be settled yet. If no heir owns it or will own it, some level of government will probably auction it and you'll have to compete on price.
posted by cmiller at 12:45 PM on May 5, 2015 [3 favorites]

If it's big enough to incur property taxes, you can check with the county auditor to find out who's been paying them. If it's in default, it'll probably get auctioned off at some point.
posted by prize bull octorok at 12:47 PM on May 5, 2015 [2 favorites]

Go plant some flowers and mow and keep it maintained. It will help your neighborhood. In the mean time, read up on squatter's rights in your jurisdiction. If nothing happens with it, it could be legally yours in a few years. Start now.
posted by cmiller at 12:53 PM on May 5, 2015 [6 favorites]

Stick a sign on it saying "I want to buy this plot of land - if you are the owner please contact [blah blah]."
posted by Jabberwocky at 12:57 PM on May 5, 2015 [2 favorites]

Squatter's rights vary tremendously by state and I don't know how they would apply to an empty lot. It usually works like this: You openly live on the property and use it as your mailing address. If the actual owner does not show up to challenge you and run you off or otherwise assert their claim, after X number of years, you can get the deed to the property. The number of years varies from 5 to 30, depending on the state -- IIRC, 5 in California, 30 in Texas, and usually about 10 to 20 in most other states. I have trouble envisioning how that works if you are using the house next door as your mailing address and it is just an open lot. Not saying it cannot be done, but, to me, it seems like that complicates things a bit.

But I will second folks saying that there should be a county records office that has more information and that if taxes are not being kept up, it will at some point get auctioned off by the county to settle the back taxes. The fact that the house has been torn down after the previous owner died suggests the county may already view the property as "abandoned." If so, you may be in luck. Sometimes, settling the back taxes doesn't take all that much money.
posted by Michele in California at 1:26 PM on May 5, 2015

Wait, the owner died in 2013 and the house on that lot was torn down in 2014? There's got to be more info on that lot than a PO Box of the deceased owner. Go pay a visit to the county in person and see what you can find out about it. Online systems in some counties take forever to update (mine can take a year or two).
posted by rabbitrabbit at 1:26 PM on May 5, 2015 [2 favorites]

Response by poster: FYI I'm in Columbus Ohio. I can put up the county tax auditor information up here on ask mefi if that's allowed..?
posted by crawltopslow at 1:40 PM on May 5, 2015

I think you're looking at 21 years for adverse possession to occur in Ohio; forget about that tack and just call the county.
posted by resurrexit at 1:45 PM on May 5, 2015 [1 favorite]

In my state, I would
- go to the Register of Deeds to find the most recent conveyance
- go to the county tax office to find out who they send tax statements to
- go the probate court to see if an estate is / was open

There may not be an estate. Many people put a spouse or children as joint owners to provide for automatic succession without the need for probate.

If you don't mind paying a few dollars, ask a title company (near the courthouse) to do the above and report to you.
posted by megatherium at 2:07 PM on May 5, 2015 [1 favorite]

If back taxes are owed you may be able to buy the lien on the property.
posted by Confess, Fletch at 3:57 PM on May 5, 2015 [2 favorites]

If someone take the trouble to tear a house down it's because they plan to build a better house there and then either live in it or sell for a good profit. Your offer will have to be competitive enough to make them ditch that plan.
posted by w0mbat at 4:00 PM on May 5, 2015 [1 favorite]

I think it will be more worth your time before you go searching for the owner to have a look at your local zoning laws. You need to find out if your town will allow this land to remain vacant in order for you to "have a bigger yard". They may not. There may be laws in place where the land needs to put to a certain use within a certain amount of time, or it will revert to the city and again be auctioned off.
posted by vignettist at 4:32 PM on May 5, 2015

If someone take the trouble to tear a house down it's because they plan to build a better house

My assumption is that the government tore it down because it was vacant and falling apart. Governments sometimes do that.

But, yeah, you should look into that and find out what actually happened. It will significantly impact the possibility of buying the land, as well as the likely price involved.
posted by Michele in California at 4:38 PM on May 5, 2015 [1 favorite]