Question: Two years ago, we purchased a new home in a small community in northern Snohomish County that is served by a septic system.
Our builder purchased three adjacent lots and built three new homes simultaneously in an older established community. The septic drain field and reserve drain field for each of these homes are located on two vacant lots across the street. The lots are owned by the same person who sold the three lots to the builder. He granted an easement on the lots for purpose of installing the drain field and reserves so the three homes could be built in 2005.
After the homes were built, the original lot owner was billed for community association dues on the two vacant lots and refused to pay, claiming he doesn’t own the lots any more. Since that time, the owners of the three homes have paid the dues on the vacant lots. I went to the county treasurer’s office to obtain the new address of the original lot owner and I discovered that the property taxes on the vacant lots have not been paid since the first half of 2005.
I have attempted to contact the owner of the lots several times by mail, but I have not received any response. I am concerned that the vacant lots will be put up for tax auction next year if the property taxes aren’t paid and I want to protect our interests in the lots.
S.D., Stanwood
Answer: You are right to be concerned.
Washington state property tax law provides a delinquency period of three years before foreclosure action is taken. For example, if the property taxes for the full year of 2005 had not been paid, action to foreclose on the property and sell it at public auction would have started this May 1. Since property taxes were paid for the first half of 2005, the foreclosure action would be delayed until early next year.
Once the foreclosure action has begun, the law requires that all of the past year’s taxes, interest, penalties and foreclosure costs must be paid in order to stop the foreclosure.
If the property is actually sold at a tax foreclosure auction, whoever buys the property will take title completely free of all liens and encumbrances on the property. That means that even if there is a valid legal easement for you to use the two vacant lots as the drain field for the septic systems, that easement could possibly be wiped out by a tax foreclosure.
You should contact an experienced real estate attorney to explore your legal options. I would suggest that you and the other two homeowners immediately get together and pay the property taxes on the two vacant lots to protect your interests. Then you should contact the property owner and offer to buy the lots from him.
If he refuses to answer your mail, you may need to hire a private investigator to track him down. Then I would suggest that you and the other two homeowners go together and buy the two vacant lots. Each of the three homes could have an “undivided interest” in the lots. That means that they would essentially become “community property” for the three homes. This is how the builder should have structured the deal to begin with just to avoid the kind of problems you are having now.
I know this sounds expensive, but the alternative is running the risk that you may lose the drain field for your septic system. As I said above, consult an attorney for further legal advice.
Mail your real estate questions to Steve Tytler, The Herald, P.O. Box, Everett, WA 98206, or e-mail him at economy@heraldnet.com.
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