Full question:
I purchased a house in tax sale; the house is unoccupied, with no electricity, and surrounded by fence; two months later, the ex-owner requested to take some valuable items from the house. Who do the items inside the house belong to? Please point out the sections in the law books. What is the proper course of action?
- Category: Real Property
- Date:
- State: California
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney, but we hope this information is useful.
The ownership of items left in a house purchased at a tax sale can be complex. Generally, you may own the items unless your purchase contract specifically excludes them or there is another agreement in place. Factors that can affect ownership include the nature of the items, how they are attached to the property, your knowledge of their existence and value at the time of purchase, and the circumstances under which the previous owner left them.
You can inform the ex-owner that you now own the property and everything within it. Advise them not to trespass and that they would need to file a lawsuit to claim the items. However, pursuing legal action may not be worth it for them due to costs and uncertainties. If a lawsuit occurs, the outcome will depend on whether the ex-owner can prove an exception to your ownership rights.
If you find yourself in a lawsuit, it is advisable to hire a lawyer, especially if the items are valuable.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.