Laws of Property Abandonment in the USA

A house can be deemed abandoned if it is not maintained.

When the term abandonment is used in law, it can signify the relinquishment of rights, privileges and possessions. When one intentionally abandons his property in the United States, he may do so by submitting a waiver. The submission of the waiver may occur in many different ways, depending on the state in which the submitter lives and what type of thing she is abandoning. Certain laws differentiate property abandonment in the United States.

Terms

When a person intentionally abandons his property, it is called a derelict. An owner or occupant of a building, such as a renter, may intentionally abandon a property by leaving or failing to maintain it until it becomes condemned. When a building is deemed condemned, it is unfit for human occupancy. The structure may be nearing collapse, infested with rodents or insects, or simply abandoned by the owner or occupant with no intention of returning. If a person temporarily or permanently claims the property with permission, she is called the abandonee. Claiming the property without permission is called squatting.

Types

In the United States, property abandonment may be one of several situations. First, one spouse can abandon the marital residence, leaving the other to pay for and manage the property alone. Second, abandonment occurs without the permission of the spouse who stays behind. Third, the abandoner leaves without adequate justification or excuse. If justification or excuse is given, the court in that state will determine whether it is good enough. Finally, abandonment is a permanent action where the abandoner does not return. Any or all of these situations can occur to result in legal property abandonment.

Notification

Sincere effort must be made to contact the person who is accused of abandoning her property. Written notice is submitted to the abandoner's place of work. His family may be contacted by the court. If the abandoner is a renter, the court will be in contact with the owner to discuss further action. If the person accused of abandoning the property does not respond to the notification in a determined number of days, the property may be sold, reclaimed by the owner or reclaimed by the court if the property was abandoned by the owner. The number of days granted to respond to the notification varies between states.

Defendant

If the abandoner returns to claim the property, he becomes a defendant in a court case. The court will write a bond with terms and conditions the abandoner must follow during a probationary period. The court may order the defendant to clean up the property by reinforcing the condemned structure or cleaning an unsanitary living situation. If the defendant does not agree with the terms, she can combat them in court. The court may then modify the order or keep the original terms. If the defendant does not adhere to the terms, the property can be taken away permanently.

References

• "Investing in Real Estate"; Andrew James McLean et al.