Is property on the land of a tax sale included?
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Is property on the land of a tax sale included?
A lot is going up for tax sale. Is the property on the land included or am I
responsible for getting rid of it? There is a crain, old camper, old vehicles.
Asked on October 24, 2018 under Real Estate Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Only the land and fixtures (i.e. permanent improvements) are conveyed in a tax sale. Any other property such as vehicles, equipment or the like which are not affixed to the land are considered personalty so do not transfer with the title. If the owners of such property cannot be located, then after a period of time (as established by specific state law), it will be deemed abandoned; you will have the right to remove the items if you want them off of the property.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, only fixed property, which is effectively part of the real estate (e.g. a house, a shed, a swing set planted in the ground, etc.) is part of the tax sale. Equipment, vehicles, etc. which are not fixed to or part of the land are not part of the tax sale and will almost certainly still be owned by someone else (e.g. the original owner; if they were leased, from whomever he leased it from; if they financed them but failed to make payments, then whomever they financed from can repossess, etc.).
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