Posted by Bud Branstetter on January 19, 2000 at 10:47:25:
Most states have a doctrine of right of possession. This means that as long as they are living there you need to go to court to gain possession. It is similar if they are leasing, didn’t pay rent, and you want to enter and take possession. Similar to foreclosures also. If they maintain occupancy you have to do an eviction. I would “negotiate” with the former owner to do the work so there is no problem.
Legal question about possession after a tax deed foreclosure?? - Posted by Mike
Posted by Mike on January 19, 2000 at 09:23:11:
I recently acquired a property via tax deed. At this point the previous owner is still living in one of the units of this two-unit building. My attorney has a court date set to enter an order of possession, but it’s not until Feb. 22. He tells me that it’s simply a formality and that it will take about five minutes to have it signed and then I will legally have possession the property.
My question is, can I legally enter the other unit of the building, which is now vacant, and begin construction while the previous owner is still living in the uppstairs unit? I don’t want to wait until the end of Feb. to start working on this place. My thought is that we won’t attempt to get into her apartment or bother her while the work is going on. At this point, I am the legal owner so it would seem to me that I have the right at least enter the premises.
Am I on track with this way of thinking, or is best to sit tight for another month until the possession order is signed?
Thanks.