Atlanta, GA asked in Tax Law and Real Estate Law for Georgia

Q: Is the land office allowed to sell property for taxes owed without a deed?

Also can the land office tax you for a house on open property and change status of farm to residence without your approval?

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2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: Yes, the tax commissioner can sell the property for past due taxes. If the sale has occurred, you still may be able to redeem the property by paying the past due amount plus interest, fees, etc. You may also be able to recover money from the tax sale. If a house was built on the property, the assessor's office can change the way that the property is taxed. Schedule a free consultation to determine if the appropriate procedures were followed and if you are owed any money from the tax sale.

James L. Arrasmith
PREMIUM
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Answered

A: If the land office decides to sell your property for unpaid taxes, they typically need to follow legal procedures, which usually include having a valid deed or lien on the property. Selling without proper documentation can be challenged and is generally not allowed. It’s important to review your local laws or consult with a legal advisor to understand your specific situation.

Regarding the taxation of a house on open property, zoning laws regulate how land can be used. Changing the status from farm to residence usually requires approval from local authorities and adherence to specific regulations. The land office cannot unilaterally make this change without following the proper legal process and obtaining necessary permits.

If you believe the land office has acted improperly in either of these matters, you have the right to seek legal counsel or appeal the decision through the appropriate channels. Protecting your property rights is important, and there are resources available to help you address any unauthorized actions.

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