VeraCaUSA

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  1. True and I don't mean to derail the OP's question yet it relates to a question I had asked some time ago regarding multiple lots inclusion as homestead property since contiguous lots having an aggregate area of less than 10 acres qualify as homestead property. But I digress.
  2. Thank you for your response. Yes, it depends upon the terms of the account agreement as an excerpt indicates..... "In this Agreement, as well as the terms of your Membership and Account Agreement with us, our policies and procedures, and any other agreements, instructions, or FAQs (collectively, “Other Agreements”) provided to you in connection with an electronic fund transfer service, all of which are made a part of this Agreement and may be amended from time to time. If any of the terms of this Agreement or the Other Agreements should conflict with the terms of this financial institution's Membership and Account Agreement, the terms of this Agreement and the Other Agreements will control. Capitalized terms used in this Agreement abut no defined herein shale have the same meaning as the Membership and Account Agreement."
  3. You are right. However, very few individuals have the means to purchase a home without financing and I can't think of any lender that would loan money without the delinquent taxes being satisfied first. But it does raise an interesting scenario in Texas considering that if the property encumbered with unpaid taxes is sold to a person 65 or older or disabled, then what would keep them from claiming homestead exemption and filing for deferment under Chapter 33 of Title 1: Sec. 33.06. DEFERRED COLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF ELDERLY OR DISABLED PERSON. (a) An individual is entitled to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien if the individual: (1) is 65 years of age or older or is disabled as defined by Section 11.13(m); and (2) the tax was imposed against property that the individual owns and occupies as a residence homestead.
  4. Can you transfer a property deed without first satisfying the delinquent property taxes?
  5. Can a credit union, bank or other financial institution charge a overdraft fee for a ATM or one-time debit card transaction if the requested amount is in excess of available balance of the account even when the transaction request is declined? In other words, if a person has $89 in their account and goes to an ATM where request the amount $100 to be dispersed, could the bank decline the request and charge the account an overdraft fee since the account holder requested an amount in excess of their available balance?
  6. LOL, I only asked you if you worked at the tax office, and even then said I was kidding. Now as far as your period, it is obvious you don't have a bar card so I will let it go at that and simply thank you for your attempt to provide the best information you could.
  7. Do you work at the Tax Office? LOL, just kidding. I never used the word 'protection' but rather recognition which would include not only the rights and privileges thereof, which also includes the legal protection of homestead property as well. Well, for one, I can't install a fence on those properties since they are not being recognized as my homestead property, the City has previously rescinded a permit to put up a fence along one section to which I applied for to prevent illegal dumpers from having unfettered access. It was rescinded because the City Code does not allow fence permits to be issued for vacant lots. And there are several other reasons.
  8. Maybe this will better clarify the question I am asking regarding contigious lots. Source: http://www.myfloridalegal.com/ago.nsf/Opinions/434F987B8AE4EC77852563BE00537086 Article VII, section 6(a), Florida Constitution, authorizes a homestead exemption from taxation for "[e]very person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner . . . ." Section 196.031, Florida Statutes, extends the homestead exemption, in addition to the home, to "contiguous real property."The courts of this state have recognized that a tract of land detached from, or not contiguous to, the land claimed as a homestead is not part of the homestead exemption.[2] However, it has also been recognized that a homestead's contiguity is not destroyed if the adjoining lands are separated by a perpetual easement and the fee title to the underlying land remains in the homesteader.[3] For example, the Supreme Court of Florida in Buckels v. Tomer[4] concluded that the homestead exemption protected a homesteader's property from a forced sale where the property consisted of the homesteader's residence and abutting platted land and the platted lots were separated only by an easement.In the instant inquiry, it appears from the information provided to this office that the developer filed a common law dedication to the roadway that was accepted by the county commission.[5] The county has advised that it does not own the fee to the roadway and you refer to the roadway separating the taxpayer's lots as an easement. Since it appears that the public only has an easement in the platted roadway, the property owner holds title to the middle of the roadway. Since the taxpayer owns lots on both sides of the easement with the fee title to each lot extending to the middle of the roadway, the taxpayer's lots are contiguous and, under the plain language of the Constitution and statutes, qualify for the homestead exemption. While my homestead property is situated in one subdivision and the other lots in other sub-division, there is a platted easement for an alley between my homestead lot and the first lot which is the only lot in that sub-division which abuts that easement. While in the year prior to my purchase of the vacant lot, both the City and Tax Appraisal District records reflected that the easement was closed and abandoned thus the entire easement was given to the vacant lot. Thus, it showed the two lots touching. However, after my purchase of the property the easement reappeared on the Tax District map showing an alley between the two properties. However, following my purchase of that vacant lot the alley easement was once again reflected on the City and County Tax District records. While they haven't said it, they Tax District is probably going to assert that the alley is a roadway and therefore they can not combine the lots. And between the first vacant lot and the two other vacant lots is a dedicated R.O.W. easement for a street which in 100 years since the plat was filed for record has not been accepted by the City. Since both dedications no longer meet the specifications required for a dead end street and dead end alley (No turnarounds) then it would appear that thus too would end the easement right over the property. But in either case, it still should affect these properties being combined as one homestead property by the Tax District. In such, I really have no problem that Chief Appraiser is required to deny combined properties by County Tax District policy, if in fact that is the policy, yet I want the right to appeal the policy to the Tax District Board since I feel that the policy does not comply with the Homestead principles of the Texas Constitution.
  9. So if homestead property consists of lot, or contiguous lots then why am I having to beg them to recognize my homestead property as defined by the Texas Constitution. And if not then why can't a specific response be issued by the Tax Appraisal District stating the reasons it does not consider itself obligated to do such. It comes down to the issue of whether fee simple interest belongs to the property owners abutting the dedication, or whether fee simple title is conveyed to the City by dedication. If an easement is dedicated to the 'public' that would enjoin all citizens of the United States, not merely the residents of the City, nor the City itself in which property is located therefore no conveyance of fee simple to the City. I realize that is obviously must be wrong. (FYI: The 100 year old dedications have not been accepted by the City as of date.) However, I was looking for arguments why fee simple interest in the abutting properties isn't the determining factor as whether lots are contiguous or not. Anyways, thank you for your time in reviewing and responding to my inquiry.
  10. After several attempts to obtain a specific response on this issue, while they didn't specifically respond to the issue of homesteaded property, I was advised that the local Appraisal District policy states they that they will combine lots under one account number provided they meet the following criteria; lots are physical touching; and, are legally listed in the same name; and, do not cross a roadway. Would the fact of whether the lot are physical touching be a matter of fee simple ownership?
  11. So if your brother is a lawyer then it seems he would have been the one to asked, but in regards to that question about the Insurance company, a good place to start is to check with your State Insurance Commission.
  12. Unless the Title insurance purchased by the property owner contains an exemption for survey matters such as property line disputes then it, the Title policy, has the responsibility to defend the title against claim or loss, which a neighbors encroachment would be. Granted that exceptions for survey matters such as property line disputes appear to be the norm for policies issued today, the Title insurance I purchased proved extremely beneficial in resolving the property line dispute in my situation. http://corporate.findlaw.com/corporate-governance/title-policy-may-not-cover-boundary-disputes.html
  13. He probably means Title Insurance, but I doubt they would cover him for encroaching one someone else property unless their was a problem with his deed.
  14. Appreciate the response, so how does Texas Const. Art. 16, Sec. 51 apply to homesteads then: ...the homestead in a city, town or village shall consist of lot or contiguous lots amounting to not more than 10 acres of land, together with any improvements on the land;
  15. Does the homestead exemption apply to purchase of contiguous lots automatically or does the property owner need to requested additional exemptions?