Asked in Tax Law and Real Estate Law for Alabama

Q: I have a tax lien on a property where the landowner has died. Would I be able to take possession of the vacant property?

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1 Lawyer Answer
William Vann Burkett
William Vann Burkett
  • Huntsville, AL
  • Licensed in Alabama

A: Tax liens can be handled in various ways throughout the State of Alabama. Because I do not know the county or city that you are in I cannot tell you which set of rules that your lien follows. It is very possible that you have a right to possession after purchasing the property at a tax sale but it is also possible that the heirs of the property may still have rights. If your goal is to seek possession and clear title to the real property you will likely need to either file an ejectment or quiet title action. To do this you should consult with a real property lawyer near you to find out what rights and claims you may have.

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