The problem with taking control of an abandoned piece of real estate is that somebody does technically own it, even if they don’t live in it or take care of it. [2] X Research source Generally speaking, real estate can never be abandoned, because there will always be the name of an owner recorded on the deed for the property. [3] X Research source But that doesn’t mean that whoever owns it still wants to own it. In many cases, the owner decided selling the property was more hassle than it was worth.
You can talk to neighbors or take other steps to find out who owns the property, but property tax records are the easiest way. If real estate exists, someone is paying taxes on it – or owes taxes on it – and the county tax assessor will have that person’s name and contact information. Keep in mind it’s possible that the address the tax assessor has for the owner is the same as the address of the property you believe is abandoned. Another way to find the property owner is to look up the deed for the property in the county recorder’s office. If any liens such as mortgages are recorded on the deed, try contacting the bank or mortgage company instead of the individual listed as property owner.
This may require a little detective work on your part. For example, if the only address you can find for the owner is the street address for the property you believe to be abandoned, try sending a post card anyway. The property owner may be having his mail forwarded to a different address, so you can still reach him that way. If the property owner is actually a bank or mortgage company, you might have better luck tracking them down – especially if you make it clear you want to pay them money. [4] X Research source
If the owner owes back taxes, you may be able to acquire the property simply by offering to pay the back taxes. However, this amount may be more substantial if the owner owed additional money on the house when he abandoned it. Make sure you conduct thorough research on the house’s title to ensure you’re taking title free and clear of any debts aside from those you’re willing to pay. A bank that owns property due to a foreclosure probably wants to get back as much as it can. Decide how much you can afford to spend on the property, accounting for any repairs that might need to be made, and make an offer. [5] X Research source
If you openly “squat” on the property for a number of years – typically anywhere from five to 25 years or more – and the owner of record never tries to stop you, the title for the property might revert to you. In any case, this is a risky move considering the rightful owner could return at any moment and have you arrested for trespassing. [6] X Research source [7] X Research source
However, if someone intentionally abandons most kinds of personal property, they lose ownership of it. This must be a deliberate act. In many states, a previous owner may come back and reclaim even intentionally abandoned property within a certain period of time. [8] X Research source In the case of intangible property such as intellectual property, generally a period of time must pass during which the registered owner does nothing to control the property or limit access to it before it’s considered abandoned.
For example, if you find a wallet on a street, you may be entitled to keep it. If, however, you find that wallet in a coffee shop, the owner of the coffee shop may have a better claim to the wallet than you do. However, the original owner of the wallet always has the superior claim, and provided the wallet included some sort of ID, you could track down the original owner fairly easily. [9] X Research source
For example, if tenants leave personal property behind after an eviction, landlords typically are required to store the property for a period of time and notify the former tenants that the property is being kept. If the former tenants return to reclaim their property, the landlord can charge them reasonable storage fees. [10] X Research source The amount of time property must be held varies among states, but typically is less than a month. After that period passes, the landlord is free to sell the property, throw it away, or keep it for himself.
However, if a car is stripped or burned, or if it’s missing significant parts, it’s a pretty safe bet that it’s been abandoned. [12] X Research source
Make sure you call the police or sheriff’s department’s non-emergency number – not 911 – to report an abandoned vehicle. [13] X Research source Be prepared to give the officer who handles your call the exact location of the vehicle, as well as the make, model, and any other information you can give her about the appearance or condition of the vehicle so she can find it. [14] X Research source In most states an abandoned vehicle or water vessel becomes state property. For example, in Michigan, you can’t claim an abandoned vehicle on your private property, but you may have the opportunity to bid on it at public auction if it remains unclaimed. [15] X Research source In many states, abandoning a vehicle may constitute a civil infraction[16] X Research source or even a criminal misdemeanor, depending on where the vehicle is abandoned and in what condition.
In some areas, police place a warning sticker on the vehicle instructing the record owner that it will be towed and auctioned if not moved within 24 hours. If the owner moves the car, the period of time starts over. [17] X Research source If you find a car that already has an abandoned vehicle sticker or tag on it, you may be able to contact the owner and take the car yourself. Even with the owner’s consent, you typically will be on the hook for title, registration, and towing fees, as well as whatever repairs are necessary to get the vehicle back in working order.
If the vehicle is sold at auction, you have the ability to bid for it there. Some states require a vehicle be sold for scrap if it is in significant disrepair or more than a certain number of years old. Vehicles that are sold for scrap typically can’t be re-titled. [18] X Research source [19] X Research source
