Detailed Answer
In Virginia, paying property taxes on real estate does not, by itself, grant you any ownership interest. Legal title to real property belongs to the individual or entity named on the deed recorded in the circuit court clerk’s office. Unless you acquire title through a written and recorded deed, court order, or other statutory mechanism, you cannot claim ownership solely because you paid taxes.
Virginia law recognizes adverse possession, where one element is payment of all taxes assessed against the property during the possession period. However, Va. Code § 55.1-124 requires more than tax payments: you must also show continuous, exclusive, open, notorious and hostile possession for the statutory period (generally 15 years for fee simple). See Va. Code § 55.1-124.
Local governments may sell tax liens or foreclose on properties when owners fail to pay taxes. Under Title 58.1, Chapter 39, the county can hold a tax sale, but you only obtain legal title after following strict notice, redemption and court confirmation procedures. See Va. Code § 58.1-3915 for tax sale requirements.
In short, simply paying property taxes does not change deeded ownership or create legal title. Tax payments alone do not give you an interest in the property except as part of an adverse possession claim or within the narrow tax sale context.
Helpful Hints
- Review the deed recorded in the local clerk’s office to confirm the true owner.
- Paying taxes can support an adverse possession claim but requires meeting all statutory elements. See Va. Code § 55.1-124.
- Contact a title company before investing in or improving property where you’re not the recorded owner.
- Learn your county’s tax sale process and deadlines in Title 58.1, Chapter 39 to protect a lien or interest.
- Seek professional legal guidance for any dispute over property rights.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.