How to Deal With a Property Abeyance

By eHow Legal Editor

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Dealing with a property abeyance can be stressful for everyone involved. An abeyance happens any time the title or ownership of a piece of property is in question. This can occur during an inheritance, when a will isn't present or perhaps even during the sale of a home. If you're stuck in the middle of a property abeyance, here's what you can do to make the process go smoother.

Instructions

Difficulty: Moderate

Step1
Do your homework. One of the best ways to clear up a property abeyance is to explore all possible avenues and research the previous owners. Being able to locate and even talk to them can really speed up the process and clear any confusion. Of course, this isn't possible if the previous owner is deceased.
Step2
Sit on it; don't attempt to sell the property until the matter is resolved. Since no one owns the title during such a dispute, you can't sell the property until ownership is established. So, give the Realtor a call and get the house taken off the market or put a hold on your offer until they have the paperwork in hand.
Step3
Understand the tax implications of a property abeyance. The property in question will continue to accumulate taxes, regardless of the ownership. If you're planning to take over the property once the paperwork is cleared, it's in your best interest to have the taxes set aside during the interim.
Step4
Know your legal rights. These vary according to where you live, but in many states the city could take over the property if they can prove that everything else has been done and a resolution is still out of reach. Consult an attorney to find out what laws apply to your situation.
Step5
Decide whether you're willing to stick it out. Finding the rightful owners of a property can take a few weeks or a few years, depending on the situation.

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eHow Article:  How to Deal With a Property Abeyance

eHow Legal Editor

eHow Legal Editor

Category: Legal

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