How to claim vacant abandoned land?
Question Details: There is an adjoining lot to our property that we just found out has never been deeded by/to anyone. Can we lay claim to it through a quitclaim deed?
Asked on 4/16/2018 under: Real Estate Delaware
No, you cannot. Whether the land appears vacant or not, it belongs to *someone*: a prior owner or a descendent (e.g. heir) of a prior owner; the government, if it had been governmental land in the beginning and was never acquired by a private citizen, or if the county claimed it for unpaid taxes; a lender who foreclosed, if there had been any unpaid loan to acquire; etc. There is NO land in the U.S. no owned by anyone: all land is owned by the federal, state, or local government, a private citizen or business, a nonprofit or religious insitution or charity, a trust, or sometimes an Indian tribe. Since there is some owner, you cannot take away that owner's interest in the land without their consent or agreement. Furthermore, a quitclaim deed is given TO you by someone else with a claim to or interest in the land (which they "quit," or give, to you): you cannot quitclaim land which you do not already own or have an interest in.
