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This question begs an answer from your particular jurisdiction because the procedure may vary in different states. Generally a person must have some superior title interest in real estate in order to "claim it". In Massachusetts, property classified as "owner unknown" usually indicates that the owner died a long time ago and the town failed to keep accurate records that identified the owner. The skill of an experienced title examiner is required to find the rightful owners, if that is possible. In many cases "owner unknown" parcels on an assessor's map do not exist at all and are the result of an error made by someone a long time ago when the map was drafted. A title examination reveals that the land actually belongs to an abutter and shouldn't have been parceled off on the assessor's map. Once a diligent title examination has been performed the town must initiate a court procedure to acquire title to the property. As part of the procedure the town must give notice to anyone who may have an interest in the land. If no one comes forward the court will issue a judgment that transfers title to the town. It can then be sold at a publicly advertised sale of tax title property. You could also seek the advice of an attorney in your area who could explain the requirements for an adverse possession claim. In that case you would need to use the land openly and notoriously for a number of years. In Massachusetts the time required is 20 years and then the claimant must seek a court decree.

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Q: How do you claim land with unknown owner?
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How do you purchase land in Massachusetts with owner unknown?

"Owner Unknown" land must be researched by the town and the town must take title for delinquent property taxes through Land Court and the tax title procedure in that jurisdiction. It's a long process and once completed the town will have legal title and can sell the land to a new owner. You should inquire at your local tax assessor's office.


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