How to purchase abandoned portion of unfinished development

[sussudio]

What is the name of your state? Pennsylvania

Hey Guys,

I live in an old development that was laid out in the 1930's. There are many paper roads, unfinished for the past 90 years. There was a proposed playground that was proposed between two paper roads, one of which was completed. The proposed site for the playground is dense woods, and was never improved due to lack of interest in the development. I own a property next to this lot. After searching on my county parcel search, it shows the property, but there is no deed info or parcel number. I believe the original developer designated this as a playground for the neighborhood back in 1930 based on the original lot neighborhood plans. How can I go about purchasing this unused, undeveloped abandoned lot? It has no deed, no trace of who would own it.

Thanks!

 

[quincy]

Did you check property tax records?

 

[sussudio]

Hey Quincy, yeah that was one of the other places I checked. The parcel has no tax history that I could find. Originally the land was a 100 acre farm, purchased and subdivided out. This playground area was designated as such in the original plans, so would that make it exempt?

 

[adjusterjack]

How can I go about purchasing this unused, undeveloped abandoned lot?

The first step in purchasing the property is finding out who owns it.

If you are unable to do that you will need to hire someone who knows how to trace the ownership.

Perhaps a title company or a real estate lawyer.

 

[FarmerJ]

I find it odd that your county hasn't collected property taxes on that land. I agree with AJ hire a title company who can do the research.

 

[sussudio]

I contacted my township, and they had no records of the property or ownership. I spoke with the zoning officer. Aren't typical playgrounds in neighborhoods typically paid for and maintained by the township or the HOA? Those parcels aren't taxed. I'm sure this lot has fallen into that same category. It was never officially made into a playground though, just on paper. Adjusterjack, I may end up going that route if I am unable to purchase the lot through either some form of an Abandoned Property clause, or go the Adverse Possession route. I am sure the township wouldn't mind a little more tax revenue.

 

[sussudio]

Anyone familiar with getting a title for land through an abandoned property route or through adverse possession? What if there was never a deed created for the lot?

 

[justalayman]

There is a deed regarding the land. You simply don’t know what you’re looking for.


To make a claim of title based on adverse possession you must fulfill the requirements for an uninterrupted period of 21 years.

 

[sussudio]

Justalayman,

Penn. just changed the statute to 10 years as of January, 2019. As for the deed, I am curious. Couldn't a builder designate part of their neighborhood to certain uses? (roadways, right of ways, parks, etc.) that would not require a deed? If there is a deed, I would love to find it. I will have to venture into town and dig through the recorder of deeds files.

 

[justalayman]

Justalayman,

Penn. just changed the statute to 10 years as of January, 2019. As for the deed, I am curious. Couldn't a builder designate part of their neighborhood to certain uses? (roadways, right of ways, parks, etc.) that would not require a deed? If there is a deed, I would love to find it. I will have to venture into town and dig through the recorder of deeds files.

Yes they could but there is always an owner. You can determine that by researching the chain of title. You need to understand that the last deed transferring the property is the deed in play, even if some sections of the property described on that deed are later transferred to others. In other words, if I have a deed in hand for a 100 acre parcel, if I partition that abs sell off 90 acres, the only deed referring to the 10 acres I retain will be the deed showing 100 acres being transferred to me. You do not create a new deed listing only the remaining 10 acres.

Apparently the new 10 year rims period doesn’t apply to all properties. I don’t have access to a current issue of pa laws so here is an excerpt from a site that summarized what is covered under the new 10 year period

• The resident have used the property for a minimum of 10 years
• The property must be residential, located on a lot of not more than ½ acre and contain a single-family home
• The occupancy by the resident must have been actual, continuous, exclusive, visible, notorious, distinct and hostile. Each of these requirements must be proven individually – the resident must have actually used it without permission, continuously for the entire period of possession in an open and obvious manner.

Since there is no home on the property you are speaking of, presumably the 10 year period does not apply

So, we’re back to 21 years

 

[sussudio]

Thank you for sharing that information. I will start by looking at the original deed and invest in someone who tracks next of kin, estate liquidation, etc. to see who owns it. I read that the 21 year use can be tacked on from the previous homeowner. If I can establish that the previous owner used the land as well, that might bode well for my timeline. Thank you for the assistance. Do you know of any statutes that would allow me to pursue this via an abandoned land or something to that effect?

 

[justalayman]

There is nothing regarding abandoned land other than adverse possession that would allow you to claim title.

You can see from this case that tacking is not available in your case, at last as you’ve stated the matter. It requires an apparent right of ownership which is conveyed to the subsequent purchaser for tacking to apply.

https://law.justia.com/cases/pennsylvania/supreme-court/1995/540-pa-435-1.html

 

[sussudio]

Thanks justalayman.

 

[justalayman]

You’re welcome.

 

[FarmerJ]

Ive wondered who is paying property taxes for it that parcel ? I cant imagine a county assessors office / property tax desk letting a piece of property that could generate tax revenue even if its only 100.00 a year,
go un billed / un taxed , and to have allowed that to go on for decades just doesn't make sense to me., Perhaps our county has a map of your area that can be used to learn the property id number.