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Legal help. It involves business and property.
DasUberEdward
Registered User regular
Registered User regular
Long story short. My grandfather purchased a property many years ago. He had all of the documents in regard to that property signed and notarized by the state. He paid taxes and did everything required for the land and building for about 15 years before selling to another party.
A few years after that a third party emerged and claimed that the property was sold to my grandfather illegally and that he should pay for any losses incurred in that 15 year period. He did so.
Now present day. The party that my grandfather paid is deceased along with the original owner who my grandfather believed he made a legal purchase from.
Given the situation is he able to recover any sort of damages or reparations from the state for having paid taxes etc on land and property he did not actually own or receive some sort of commiseration for the hardships he had to endure during the legal battle which he eventually had to forfeit because of failing health?
A few years after that a third party emerged and claimed that the property was sold to my grandfather illegally and that he should pay for any losses incurred in that 15 year period. He did so.
Now present day. The party that my grandfather paid is deceased along with the original owner who my grandfather believed he made a legal purchase from.
Given the situation is he able to recover any sort of damages or reparations from the state for having paid taxes etc on land and property he did not actually own or receive some sort of commiseration for the hardships he had to endure during the legal battle which he eventually had to forfeit because of failing health?
DasUberEdward on
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Yeah, this. I can't legally give you any advice on your situation, and even if I could, legally, ethically, I can't. And any non-lawyer who gives you advice is, no offense, not doing you a damn bit of good. You need to sit down with a lawyer who's licensed in your state, and tell him/her everything you know about the situation. If you have any sort of documents regarding the matter, might as well bring them too.
I think the big issue here is has there ever been a precedent of a person who paid taxes on a property they did not own to receive reparations?
You're about six steps ahead of yourself. Talk to a lawyer. As a parallel bit of advice, a "pre-law" major is the biggest waste of your time imaginable and you should be doing something intellectually stimulating and rewarding before you consign yourself to the practice of law.
if you tell me what state you're in, I can possibly direct you toward some lawyers to talk to, but seriously, in the context of this thread, this "oh hey has there been precedent xyz" is not going to work. Even if I knew the answer (I don't) I couldn't tell you without getting balls deep in potential shit
ahh i know that and pre-law definitely isn't my major.
i'm philosophy major. pre-law minor (i don't even want to go to law school anymore. but again. superfluous. they came to me hoping for answers and i don't have them
jokes aside. i'm neither because i dropped out after 3 and a half years. but this isn't about me. I just don't know what to make of this situation.
I'm in Ohio.
I don't think I know anyone in Ohio, so I can't directly refer you to anyone, but shoot out some calls. Shitcan anyone who feels sleazy to you; there are plenty of good lawyers who do this kind of one-off work that you don't have to settle for a shyster. And good luck.
AND TALK TO A LAWYER IRL
Canton. Northeast Ohio.
I want to give him decent advice but I really don't know what to say. Basically the majority of the whole thing will be handed down to me and if that's the case I would like to have some idea if this even has a chance of being a viable case.
As far as I understand it from a criminal standpoint. He made a purchase that was not legal and it's his problem. . .
but when they bring in that he has payed taxes for the last 15 years I am confused.
I know it is a convoluted story and I appreciate your advice.
I can't say. From all of the documentation I have read his purchase of the property looked to be absolutely legitimate.
Fifteen years down the line (after he sold it to another party) an heir appears and demands restitution for the property that was supposedly sold illegally. My grandfather falls into some health issues and gives up fighting the case.
All of this is 100% verifiable. I just don't want to get his hopes up or put him through another stressful situation if the case is tenuous. As I understand it the heir who filed for restitution is now deceased so I am thinking I should tell him to give up.
First and foremost make an appointment to see a real estate lawyer. A real estate lawyer in your jurisdiction should be versed in the local law enough to give you a simple yes/no answer in a consultation.
Before you go, look through your stack of documents and look for anything relating to title insurance, and give that to the lawyer. Title insurance exists for basically this reason, defaults in the title causing damages. Basically study the stack of documents so that you can quickly and reasonably answer the lawyers questions, and hopefully you can get an answer right then and there.
I just didn't want to incur any unnecessary cost before presenting the whole thing if it was hopeless.
while also echoing the advice of getting a free consult from practicing lawyer, i would also say you should look out for anything in those docs indicating the property's chain of ownership. who owned the property before ther person who sold the property to your grandfather, and all that.
VERY generally speaking, towns and cities often retain records of property transfers. it's been a while since i studied property law, but that would be a good thing to look out for.
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