Detailed Answer
Under Michigan law, paying property taxes alone does not grant you any legal ownership interest in real property. Michigan recognizes ownership rights through recorded deeds, title transfers, wills, or court orders—not through tax payments. The Michigan Compiled Laws define an owner for tax purposes, but that definition does not create new property interests. Planning any claim based solely on tax payments requires careful legal steps.
1. Legal Title vs. Tax Payments
Michigan law requires a valid conveyance document recorded with the county register of deeds to transfer real estate ownership. See MCL 565.1. If you have not received and recorded a deed, you hold no legal title, regardless of any taxes you pay. Paying taxes makes you a creditor seeking reimbursement at best, not an owner.
2. Statutory References
- Definition of “owner” for tax purposes: MCL 211.27
- Recording real estate conveyances: MCL 565.1
- Tax foreclosure process: MCL 211.78
3. Possible Legal Claims
- Equitable lien or constructive trust: If you paid taxes by mistake or under a clear agreement, a court may recognize an equitable lien so you can recover your outlay.
- Unjust enrichment: You could sue for reimbursement if the property owner unfairly benefited from your tax payments.
- Tax certificate purchase: In a tax foreclosure sale, a purchaser of the tax certificate gains rights under MCL 211.78. Merely paying taxes without purchasing the certificate does not confer this right.
4. Next Steps
To protect your position:
- Obtain a written agreement with the record owner outlining your contribution and expected reimbursement.
- Record any agreement or lien notice with the county register of deeds.
- Keep detailed records of all tax payments and communications.
- Consult a licensed Michigan attorney to evaluate your claim and file suit if necessary.
Disclaimer: This article provides general legal information under Michigan law. It does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Helpful Hints
- Always record deeds or agreements to protect your interests.
- Keep copies of tax bills, payment receipts, and correspondence.
- Check the county register of deeds for current ownership records.
- Learn the difference between legal title and equitable rights.
- Seek legal advice early to prevent disputes.