Owning a sliver of land under an existing business

[Brume]

What is the name of your state (only U.S. law)? California

Due to a death in my family, I have come into ownership of a small, triangular parcel. Only a few hundred feet of landlocked land right in the middle of the block in a major metropolitan city.

The thing is, this piece of land is adjacent to much larger parcel that currently has a large business building on it. I'm sure at one time the owner of the large parcel owned this smaller parcel as well, but he/she didn't pay taxes on this little parcel, it went to a tax auction, and was purchased by the member of my family.

I want to offer my parcel to the owner of the building. It seems to make the most sense for him and for us.

My question is: If he refuses our offer to sell, what rights do I have to compensation for his use of my land? Can I consider the portion of his building on my land to be a fixture and file claim of ownership? I don't want to do that, but I'm wise enough to know that without some kind of leverage, I'm approaching him from a position of weakness — never a good way to propose a deal.

Thanks.

 

[Taxing Matters]

My question is: If he refuses our offer to sell, what rights do I have to compensation for his use of my land? Can I consider the portion of his building on my land to be a fixture and file claim of ownership? I don't want to do that, but I'm wise enough to know that without some kind of leverage, I'm approaching him from a position of weakness — never a good way to propose a deal.

Thanks.

You may make the demand that the business remove the portion of the building that intrudes upon your land and see how the business responds. You don’t own the building (or part of it) simply because it sits on your land.

 

[HRZ]

How long has the building been sitting on your lands?

JUst how do yongan access to your lands?

 

[quincy]

How long has the building been sitting on your lands?

JUst how do yongan access to your lands?

There is an "edit post" feature you can use to correct your typing errors so readers do not have to puzzle over words like "yongan."

 

[Brume]

How long has the building been sitting on your lands?

JUst how do yongan access to your lands?

Fortunately, I speak typo.

There is currently no way for me to gain access to this parcel without crossing through any of the four surrounding parcels, all of which have either homes or this business on them. My parcel is currently under a portion of the business-owner's building.

The building has been there many years. I'm certain that the owner of the building stopped paying taxes on this tiny parcel and it went to tax auction in 2017, where my relative purchased it. That's how it came into our possession.

 

[Brume]

You may make the demand that the business remove the portion of the building that intrudes upon your land and see how the business responds. You don’t own the building (or part of it) simply because it sits on your land.

Is this an actionable demand in court? Would this be something that the courts might order if the business owner refuses do deal with me?

 

[adjusterjack]

The building has been there many years. I'm certain that the owner of the building stopped paying taxes on this tiny parcel and it went to tax auction in 2017, where my relative purchased it. That's how it came into our possession.

Did your relative purchase the land? In other words, get it deeded to him?

Or did he purchase a "tax lien"?

There is an important distinction there and whatever legal process you can take depends on the DOCUMENTED answer, not just guess work.

 

[justalayman]

Did your relative purchase the land? In other words, get it deeded to him?

Or did he purchase a "tax lien"?

There is an important distinction there and whatever legal process you can take depends on the DOCUMENTED answer, not just guess work.

California actually sells the property when property taxes are delinquent.

 

[Just Blue]

Fortunately, I speak typo.

This just made me chuckle.

 

[Taxing Matters]

Is this an actionable demand in court? Would this be something that the courts might order if the business owner refuses do deal with me?

Yes, if the owner of the building does not otherwise have a right to have its building on that parcel of land. Without reading the entire applicable deed record I can’t tell you if you would succeed in that. You might want to consult a real estate attorney to know exactly where you stand.

 

[Brume]

Did your relative purchase the land? In other words, get it deeded to him?

Or did he purchase a "tax lien"?

There is an important distinction there and whatever legal process you can take depends on the DOCUMENTED answer, not just guess work.

He purchased the parcel outright from the county assessor's office auction. It wasn't purchasing the lien.