AI Legalese Decoder: A Solution for Recouping Accidentally Paid Property Taxes on Unowned Land in Missouri
- May 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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## The Land Issue and Taxation
The land in question is a 3-acre plot that was mistakenly included with our 96-acre property by the county. This error has led to us unknowingly paying taxes on this additional land for the past 15 years. The county has acknowledged the mistake but claims they are unable to reimburse us for the overpayment. This situation has left us wondering about our available options moving forward.
### How AI Legalese Decoder can Help
Using AI Legalese Decoder can assist in deciphering the complex legal aspects of this situation. By utilizing this tool, we can better understand the potential legal remedies and courses of action available to us. The AI Legalese Decoder can help break down legal jargon and provide us with clear guidance on how to navigate this challenging scenario.
## Seeking Legal Advice
We have consulted with a local real estate attorney to gain insight into our options. The attorney has informed us that we could potentially escalate this matter to court. However, pursuing legal action against either the county or the landowners may incur significant costs that could outweigh any potential financial gain. It is also noted that placing a lien on the property would require obtaining a court judgment, a process that involves further legal complexities.
### Considering Our Next Steps
While we appreciate the advice and support from the community, we are carefully weighing our decision on whether to pursue legal action. The complexities of the situation, as explained by our attorney, have made us pause to consider the potential outcomes and costs associated with taking this matter to court. We are taking the time to thoroughly assess our options before making a final decision on how to proceed.
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My understanding is that, as a principle, the government will accept tax payments from anyone on any piece of land regardless of ownership – no questions asked. So generally, if you’ve paid, they take it that you meant to and wouldn’t consider reimbursing.
In this case I think your job is to emphasize, and prove, the fact that you ONLY paid because they told you you had to. This wasn’t a voluntary tax payment on land that wasn’t yours, it was coerced through dishonesty or bureaucratic ineptitude.
How much were the 15 years of taxes? Some places, land is cheap and taxes may be a few thousand. Where I am at, certain zoning costs $4mil/acre and taxes will be significant. If you paid $20k+, a real estate lawyer is your next step. If you paid a few thousand, it may not be worth your time (unless you uave a lot of free time) to try and unwind 15 years of tax payments.
Depending on how the property was used during this time, you may have a case for adverse possession. We would need a lot more facts to support that, though.
In my state, if you’ve paid the taxes over 7 years, then you can contest the ownership of said land and essentially the cost of the taxes was your purchase price. You may have just gained 3 additional acres. With that said, I’m NAL and you should definitely speak to someone versed with real estate law in your area.
NAL. How was it “included”? Did they bill separate parcels, or did they bill you only for yours, but they charged based on 99 instead of 96 acres? If you received the bill and it included the other parcel, and you paid it, I can see that as being your responsibility, legally, as you didn’t exercise due diligence in reviewing the bill. If they sent you a bill marked parcel X, but they mistakenly included parcel Y in the calculation, I would think you have a case.
So the way my property taxes work is that my township/county tells me how much I owe at the beginning of the year, and I pay them in the specified intervals (every quarter). If the county TOLD you guys you owed X amount and are now saying they won’t give it back, then yes they owe it back to you. Same way if you’re told you owe X in taxes by the IRS but they made a mistake and you owe less, they have to refund you the difference. There is a statue of limitations but it all depends on the details of how this even happened.
I’d be very interested to know who owns those 3 acres and basically got away with tax evasion for 15 yrs. Or if they also paid taxes on it, in which case the county is double-dipping which is fraud. Even if you just paid the wrong amount due to a mistake on your end the county should have realized this much sooner. This kind of mistake isn’t THAT uncommon, people make mistakes, but it’s verrrry fishy that they aren’t fixing it before a higher-up finds out.
You’re gonna want a lawyer tbh. Because you’re gonna have to figure out how this happened in the first place, how to fix it permanently moving forward, and how to get your money back. At the very least your property has to be re-assessed ASAP.
A lawyer will help you figure out who to put pressure on. You don’t want to go nuclear right off the bat. Best case scenario, they reimburse you without having to go to court. No one will want this big of a mistake getting out.
You might want to check local laws on adverse possession, and do some “improvements” to the said three acres.
It’s possible you now have an additional three acres.
My first question is WHO owns the land and why were they NOT paying their own taxes? If they did NOT pay and you did, you should be able to assume rights to the land IMO (but I am NOT a lawyer!) and if they DID then those taxes were obviously paid TWICE and the county would be able to see that. It would seem to me you would either be able to go after the owner or the county in a fair world. :/
I really need to know the outcome of this as we are currently in a and dispute with my sister in law. I’m invested now!
I’d consult a lawyer, if you paid the taxes and the county won’t reimburse you then I’d ask a lawyer if you can go after the landowner since you’ve paid their taxes. It may not have been either of your faults, however they still would have had to pay the money if you hadn’t.
Contact a lawyer and see if adverse possession can apply to you.
The taxing authorities don’t particularly care about the details as much as collecting the taxes. They are restricted about what they can do and there is probably a limited number of years that they can go back to provide a refund.
Since they current owners don’t appear to be all that interested in the property, have you considered approaching them about buying it? Perhaps rolling the taxes paid into the sales price?
Probably the same options the county uses for non payment. List with a lawyer and also claim legal costs and compound interest like they do. Don’t feel sorry for council it’s the game they play.
Go the political route. Talk to a county commissioner and see if you can find a sympathetic ear. Or try and claim adverse possession of the property.
You may have a case for adverse possession in Missouri. Especially if you have paid the taxes for over 10 years
Ianal but it sounds like you have a good case for adverse possession, have you been by chance maintaining it in the same manner as the rest of the property.
Would the 3 acres be yours after 15 years of paying taxes on it? Or was the owner paying too? If that’s the case seems the government would have known over payments every year.
Did someone else pay taxes on the same real estate 3acres?
You may be able to file for adverse possession of the land since you have paid taxes on the land for 5 years or more.
Put a lean on the property for how much you have paid plus interest. Send certified letters to the last known address of the owner.
We paid storm water runoff charges on a lot size that the city forgot to adjust when they took 10’ off the frontage to widen a street. The city went back over 30 years and paid back the overcharge. No interest but they didn’t quibble about it.
I would look into whether you can claim the property as your own at this point. Not a lawyer just what I would do.
Does the county own the 3acres?
Check your state , in some states you can file a claim for the property if you have been doing the maintenance and paying the taxes after a certain period of time.
Who does own the property? You might go after them
Most counties will only refund back 3 years. Sucks but it is what it is
NAL my father went through the same issue (TX) found out when he had a survey done. They were only required to refund him for the past 3? Years
Court
One option: hire lawyer.
Well if you have been paying the taxes on it then it’s your 3 acres now
Maybe file for adverse possession.
I’d personally claim that land as sovereign and protect it.
Can you put a claim on the property as owner since you paid the taxes? Similar to when you can buy an abandoned property if you pay off the outstanding taxes? Not sure if I’m in the ballpark, I’m asking because I don’t know.
You may be able to sue the county and force them to repay.
If not, you likely have a claim against the actual property owner for unjust enrichment.
Or, if you’ve been using the land at all and the owners are AWOL, you may have an adverse possession claim. Best to consult a local attorney.
You may have a claim for adverse possession
You own that piece of land now. For proof when getting the deed updated, just show your taxes for the past 15 years
In my view you are now subrogated to the rights of the county and can demand reimbursement from the person who should have been paying taxes. If they refuse you can foreclose on the property.