Does paying back property taxes make you the owner of inherited land in Louisiana?
Short answer: No. Paying delinquent property taxes or redeeming a property in Louisiana does not by itself transfer legal title to you. You must follow Louisiana succession and conveyancing law to be placed on the deed or to obtain a court-ordered ownership interest.
Detailed answer — how Louisiana law treats tax payments, title, and succession
Ownership of immovable property (land) in Louisiana depends on proper title transfer — usually by succession procedure, not just by paying taxes. There are three separate legal concepts to keep clear:
- Title / ownership: Ownership transfers by an act of sale, donation, or by legal succession (probate). Being named on the recorded deed (or receiving a proper act from an estate or a court judgment) is what makes you the legal owner.
- Tax payments and redemption: Paying unpaid property taxes, penalties, or redeeming a property from a tax sale protects the property from being lost to the tax collector and preserves its value, but it does not by itself create ownership rights in the payer.
- Recording and public notice: Louisiana uses public records (clerk of court / conveyance records) to show who holds title. If your name is not recorded as owner, paying taxes will not usually put you on the public record as owner.
Relevant state law areas include Louisiana’s statutes governing tax sales and redemptions (Title 47 — Revenue and Taxation) and the Civil Code provisions governing successions (Book IV). For general reference to those statutory sources, see the Louisiana Revised Statutes (Title 47) and Louisiana Civil Code (Succession provisions):
- La. Rev. Stat. Title 47 — Revenue and Taxation (tax sale and redemption rules)
- Louisiana Civil Code — Succession (probate) provisions
Common scenarios and what they mean
1) You paid back taxes while the decedent’s succession is still open
If the estate’s succession (probate) is still pending or the heirs have not yet completed division, paying taxes usually benefits the estate and the heirs collectively. You should:
- Keep receipts and proof of your payment.
- Ask the succession representative (executor/administrator) or co‑heirs to have a notarial act or judicial proceeding transfer title to the heirs in accordance with the succession share.
- If the heirs agree you should be credited or added as owner, get a written, signed instrument (deed or partition agreement) documenting that agreement and record it in the parish conveyance records.
2) You paid taxes but the estate never transfers title to you
Payment by itself does not create title. Possible remedies include:
- Ask for reimbursement from the estate or other heirs. If the succession is still open, file a claim against the estate.
- If you paid taxes to preserve the property with an expectation of receiving an interest (and others agreed), seek a written agreement or a court action to recognize your interest (for example, partition or recognition of equitable interest). Consult an attorney to evaluate whether you have a claim for reimbursement, subrogation, or unjust enrichment.
3) You redeemed the property after a tax sale
Redemption from a tax sale is a specific statutory procedure under Title 47. If you redeemed, you must follow the statutory process to get whatever rights the law grants to a redeemer. Redemption can protect your monetary interest, but you still typically must obtain a recorded deed or court order to perfect ownership.
4) The succession already closed, and you’re not on the deed
If the succession closed without putting you on title, your options shrink but do not necessarily disappear. You may have a post‑succession claim for reimbursement if you can prove you paid taxes for the benefit of the estate or that you had an agreement with the heirs. Louisiana law allows civil actions for unjust enrichment and other remedies, but outcomes depend on the facts and timing.
Practical legal effects of paying taxes without title
- You are likely entitled to request reimbursement or credit toward any future division of property if you paid to preserve the asset for the heirs.
- You generally cannot sell or mortgage the property based only on having paid taxes unless you secure title or a court order recognizing your interest.
- If other heirs disagree, you may need to file a suit for partition, reconventional demand for reimbursement, or other appropriate civil action.
What you should do next (step-by-step)
- Gather proof: receipts for tax payments, copies of any tax notices, the decedent’s death certificate, and any communications with heirs or the succession representative.
- Run a title search or check parish conveyance records to confirm whose name is on the deed and whether any tax sale occurred. Visit the parish clerk of court and tax assessor records online.
- Talk with the succession representative (if any). If no succession has been opened, consider whether a summary succession or full succession should be opened to transfer title legally.
- If you and the other heirs agree, get a written, signed conveyance (deed or partition agreement) prepared by a notary and record it.
- If you cannot resolve the situation by agreement, contact a Louisiana attorney who handles successions, real estate, and tax-sale matters to review claims and possible court actions (reimbursement, partition, or recognition of equitable interest).
Reminder about statutes: tax sales, redemption procedures, and deadlines are governed by Title 47 (Revenue and Taxation) of the Louisiana Revised Statutes; succession procedures and property division are governed by the Louisiana Civil Code (succession provisions). See the links above for the text of those laws.
Helpful Hints
- Keep every receipt and write down dates and communications. Proof of payment is essential.
- Check the parish clerk of court and assessor websites for recorded deeds and tax sale/redemption records.
- If you paid to protect the property, ask for a written agreement from the heirs recognizing your payment and stating how you will be reimbursed or credited.
- Don’t assume that paying taxes gives you the right to sell or mortgage the property. Only recorded title or a court order does that.
- Deadlines matter. Tax-sale redemptions, succession claims, and prescription (statute of limitations) rules can bar claims if you wait too long. Consult an attorney early.
- For small estates there may be simplified succession procedures. A local attorney or the parish clerk can explain whether those apply to your situation.