Disclaimer: This is general information only and not legal advice. For guidance specific to your situation, consult a Vermont-licensed attorney.
Detailed Answer
Short answer: paying delinquent property taxes on inherited land will usually prevent a municipal tax sale and preserve the property, but it does not automatically make you the legal owner if your name is not on the deed. In Vermont, title to real property transfers according to the deed, will, or intestacy and by whatever probate or transfer procedures apply — not simply by who pays the taxes.
Key points to understand under Vermont law and practice:
- Tax payment protects against tax sale but doesn’t transfer title. When you pay back taxes, the municipality records payment and removes the outstanding tax lien. That stops the municipality from selling the property for unpaid taxes. It does not change the deed or create ownership in your name.
- Who actually owns the land depends on how title passed. If the decedent left a properly executed deed to someone else, or if the estate transferred title through probate or a transfer-on-death mechanism, the recorded deed or probate distribution controls. If the estate has not been probated, the heirs (under intestacy rules) or the named devisees are the ones with legal title — regardless of who paid the taxes.
- Paying taxes can create a right to repayment or an equitable lien in some circumstances. If you pay taxes to preserve the property value or prevent a tax sale, Vermont courts can sometimes recognize equitable remedies (like reimbursement, a constructive trust, or an equitable lien) depending on the facts: whether there was an agreement (explicit or implied), whether you paid in good faith, and whether the owner was unjustly enriched. These are fact-dependent claims that typically require court action to enforce.
- Record your payment and your claim. Keep receipts, copies of the tax payment, and any written communications with heirs, the executor, or the town. If you expect repayment or want a priority interest, ask the owner or estate administrator to sign a written agreement (promissory note, lien, or deed transfer). Absent a signed agreement, you may need to file a civil or probate claim to recover funds or obtain a lien.
- Adverse possession or tax payments alone are unlikely to confer title quickly. Title by adverse possession requires open, notorious, exclusive, hostile, and continuous possession for the statutory period and other legal elements. Simply paying taxes on land you don’t possess openly and exclusively generally doesn’t qualify you for title.
- If the estate is open or there is an executor/administrator: you should present your claim to the estate. The estate’s administrator/executor controls distribution of estate property. If the estate lacks funds or refuses repayment, you may file a claim in probate court.
Practical hypotheticals
Example A — You pay $3,000 in back taxes to stop a town tax sale, but the deed still lists your late parent and no probate transfer has occurred. Outcome: the town will accept the $3,000, stop the tax sale, and record payment. You are not an owner. You have documentation that you paid; you can ask the estate administrator or heirs for reimbursement or a recorded lien agreement. If they refuse, you may need to sue to recover the money or ask a court to recognize an equitable lien.
Example B — You and your sibling inherit land by intestacy. The sibling refuses to add you to the deed, but you pay the taxes and live on the property openly. Outcome: paying taxes helps preserve the property but does not automatically change title. If you and the sibling truly share ownership under intestacy, you can insist on formal probate or a partition action to resolve ownership. If you live on the land and meet all legal elements of adverse possession for the statutory period, that is a separate, difficult route to ownership.
Relevant Vermont authorities and sources
- Vermont statutes on taxation (municipal property tax procedures and collections): Title 32 — Taxation (Vermont Statutes Online)
- Vermont statutes and rules governing probate, wills, and estates: Title 14 — Probate (Vermont Statutes Online)
- General Vermont statutes on property and recording (see the land-records and real property chapters for recording requirements): Vermont Statutes Online (search property and land recording chapters)
- Vermont Department of Taxes — property tax information and local tax procedures: tax.vermont.gov
Helpful Hints
- Get written proof of every payment: keep receipts, cancelled checks, and the town’s tax receipt.
- Record your claim: ask the town clerk or recorder how to document your payment or file a lien; record any signed agreement with the registry where the deed is kept.
- Talk to the estate representative: if there’s an executor or administrator, demand written acknowledgment of the payment and a plan for repayment or title transfer.
- Consider a written agreement before you pay: if possible, get the heirs or estate to sign a promissory note, security agreement, or written consent recognizing your payment as a loan or lien.
- If you can’t resolve it informally, consult a Vermont attorney early. Ask about suing for unjust enrichment, seeking a constructive trust, or filing a claim in probate or civil court.
- Don’t assume taxes give you title. Understand the difference between preventing a tax sale (municipal remedy) and acquiring legal title (conveyance, probate order, or court judgment).
- Check local procedures: property tax enforcement and recording are often handled at the town level in Vermont. Contact the town clerk or listers for specifics about how tax payments are recorded and how tax sales are handled.
If you want, provide a short summary of your situation (who’s on the deed, whether the estate is probated, whether there was a will, receipts for payments, and any written agreements). With those facts, a Vermont attorney can tell you whether you have a viable claim to recover payments or to press for transfer of title.
Final note: This article is informational only and does not create an attorney‑client relationship. For advice tailored to your facts, contact a lawyer licensed in Vermont.