abandoned real property

[qwester]

What is the name of your state?What is the name of your state?What is the name of your state? wisconsin. In Racine county
is a written document required when an unimproved (vacant) lot previously purchased in a tax sale is abandoned by not paying real estate taxes for more than five years and by wishing to abandon the lot. Common law requires both a desire to abandon and an overt act or failure to act according to Corpus Juris Secundum (1 CJS §4, n.52). I am defending, pro se, a citation for violation of a local property maintenance ordinance but county records still show the title to the property in my name. I had been advised that if i did not pay the taxes the county would take the property for back taxes. I believed I had abandoned the property after the first year of non payment but have nothing to show that. Can I file a motion for summary judgement claiming non-ownership due to abandonment prior to the citatation. There are no hazardous or dangerous elements, it is just a small residential lot.
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PLEASE GIVE WISCONSIN CASE LAW CITATION WITH YOUR REPLY.

 

[HomeGuru]

What is the name of your state?What is the name of your state?What is the name of your state? wisconsin. In Racine county
is a written document required when an unimproved (vacant) lot previously purchased in a tax sale is abandoned by not paying real estate taxes for more than five years and by wishing to abandon the lot. Common law requires both a desire to abandon and an overt act or failure to act according to Corpus Juris Secundum (1 CJS §4, n.52). I am defending, pro se, a citation for violation of a local property maintenance ordinance but county records still show the title to the property in my name. I had been advised that if i did not pay the taxes the county would take the property for back taxes. I believed I had abandoned the property after the first year of non payment but have nothing to show that. Can I file a motion for summary judgement claiming non-ownership due to abandonment prior to the citatation. There are no hazardous or dangerous elements, it is just a small residential lot.
.[/QUOT

**A: this is funny. You want to sue the county for not claiming your property that you abandoned? For your information, unless the county acts upon it, the "taking" has not taken place. You are still the legal titleholder and therefore the citation stands.

 

[seniorjudge]

I am defending, pro se, a citation for violation of a local property maintenance ordinance but county records still show the title to the property in my name.

Based solely on the facts provided by you, the land belongs to you and you are required to pay the citation for violation of a local property maintenance ordinance.

 

[HomeGuru]

Some people just don't get it.

 

[qwester]

homeguru is real helpful, not. I'm trying to show that I abandoned the property several years ago and am no longer responsible for property maintenance. These are worthless vacant lots i got at a tax sale but i have not ever paid property taxes (over 6 years) nor have I even visited the lots for the last 4 years. I have been put in jail four times for failing to mow the weeds to below 9 inches in height and/or failing to shovel the walk after two inch snowfalls. My driver's license has been suspended for refusing to pay over eight thousand dollars of fines and mowing/shoveling charges. Without a driver's license I cannot get to the lots to maintain them. I have lost my business and my wife has left me to care for our four kids alone. I am on several medications for stress and depression and an anxiety disorder brought on by the last incarceration where the police took me away in the middle of the night and left my kids, all under twelve years of age, alone. They were somewhat traumatized but have since recovered and are now on the honor role at their various schools.

If any of you have a real answer which will stand up in court, please advise.

qwester

 

[HomeGuru]

homeguru is real helpful, not. I'm trying to show that I abandoned the property several years ago and am no longer responsible for property maintenance.

**A: we know what you are "trying to show" but the fact remains that you did NOTHING to rid yourself of YOUR property and assumed ( no explanation needed of the real meaning) that by doing nothing, something would be done. Never assume.
You were not proactive, or even reactive. You were not active at all. Read the law again, and again unitl you fuly understand it. There is no law that REQUIRES the government to take the property for nonpayment of real property taxes although the law allows the governemnt to do so.
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These are worthless vacant lots i got at a tax sale but i have not ever paid property taxes (over 6 years) nor have I even visited the lots for the last 4 years.

**A: Doh! I wonder why the government does not want these lots?
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I have been put in jail four times for failing to mow the weeds to below 9 inches in height and/or failing to shovel the walk after two inch snowfalls. My driver's license has been suspended for refusing to pay over eight thousand dollars of fines and mowing/shoveling charges.

**A: hahaha, ok, now the real TRUTH comes out.
You want to protest and buck the system and have no legal ground (pardon the pun) to stand on.
***********

Without a driver's license I cannot get to the lots to maintain them.

**A: have you ever heard of a cab, bus, train, bike, motor scooter, skateboard, hitchhiking, ask a friend, walking or even hiring high school kids?
*********
I have lost my business and my wife has left me to care for our four kids alone. I am on several medications for stress and depression and an anxiety disorder brought on by the last incarceration where the police took me away in the middle of the night and left my kids, all under twelve years of age, alone. They were somewhat traumatized but have since recovered and are now on the honor role at their various schools.

**A: and how are these issues relevant in any way to your post? This is not a Dr, Phil type website.
**********

If any of you have a real answer which will stand up in court, please advise.

**A: here is your problem. You are too hard headed. None of us have an answer that will stand up in court because you have NO case. I repeat NO case.
*******

qwester

**A: take your meds please.

 

[HomeGuru]

homeguru is real helpful, not.

**A: then I challenge you to help yourself and see and pay a local WI real estate attorney to tell you the exact same things that I have already told you.

 

[seniorjudge]

Q: If any of you have a real answer which will stand up in court, please advise.

A: In real estate law, if it's not in writing, then it didn't happen. If it's in writing, then that's the way it happened.

There is not a writing here that said you abandoned the land. There is a writing here (a deed) that says you own the land.

Thus, you own the land and are required to follow all the ordinances and other laws pertaining to that land.

 

[HomeGuru]

Writer, take more meds then go to the real property tax office and see who the property owner is as listed on the real property tax records. Let us know if you recognize the name.