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Can a person lose their percentage of ownership of farmland if they haven't paid their portion of the property taxes?

Culpeper, VA |

I own farmland with members of my family. The land is owned and titled to 3 people. 1 of the parties has made no payments towards taxes since 2005. She is refusing to respond to correspondence regarding issues with the farm and her portion of the property. Is there a way that the remaining parties could either sue the party for the taxes or to have her removed from the their ownership portion of the the property.

Attorney Answers 2


  1. I would suggest taking advantage of the Find a Lawyer tab at the top of the page to locate a real estate attorney in your area. You may be able to accomplish your goals with a partition action. I am not licensed in Virginia, so there may be other options as well. In any event, a consultation with a knowledgeable attorney will be a good starting point.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.


  2. Real property titled to several individuals with equal rights is considered a legal co-tenancy. Co-tenants have rights and owe duties to each other. One of those duties is to pay property taxes--subject to a handful of exceptions (e.g., residency/possession, etc.). Breach of this duty may lead to an enforcement action--i.e., a civil action for partition with accounting as indicated by my colleague. For this reason, I suggest speaking with a local attorney to flush the issues and address the duties, exceptions, and rights of each co-tenant.

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