FAQ: What happens if we pay the back taxes on inherited land but aren’t listed as owners on the deed?

Short answer: Paying past-due property taxes protects the property from tax sale and preserves the current owner(s)’ legal title, but payment alone does not make you the legal owner. You may gain certain equitable claims (a right to reimbursement or a lien) in some situations, but you usually must take additional legal steps—such as obtaining a deed from the legal owner, initiating probate or a quiet-title action, or using a tax-lien/tax-deed process—to become an owner. Consult a Colorado attorney if you want to change title or protect a payment legally.

Detailed answer — how Colorado law treats tax payments by non-owners

This answer assumes the property is in Colorado. Two different legal tracks are most important here: (1) property tax collection procedures (which focus on preserving or extinguishing tax liens) and (2) property ownership/title law (which determines who is the legal owner). For Colorado statutes on taxation and real property, see Colorado Revised Statutes — Title 39 (taxation) and Title 38 (real property):
Title 39 — Taxation (CO) and Title 38 — Property (CO).

1. Paying back taxes protects against tax sale but does not automatically transfer title

If you pay delinquent property taxes, you stop the county from selling the property at a tax sale for nonpayment (or you reduce the risk). That is a practical benefit: paying taxes keeps the property off the foreclosure/treasurer’s-sale path. But payment of taxes by someone who is not the legal owner typically does not, by itself, create legal title in the payor. The deed (or a court order) controls who the recorded legal owner is.

2. What legal rights might you obtain by paying the taxes?

• Reimbursement/subrogation and equitable lien: In many circumstances a Colorado court may allow the person who paid taxes to recover what they paid from the owner or secured by an equitable lien on the property. This is not automatic and depends on the facts (e.g., did you pay to preserve an interest you had or to benefit the true owner?).
• Contract or written claim: If you have a written agreement with the heirs or executor, that agreement may create a security interest or obligation for repayment. A written promise from the owner(s) or an estate representative to repay you or transfer title is far stronger than an oral promise.
• Tax-lien/tax-deed purchaser route: If you purchased the tax lien certificate at a county tax sale and followed Colorado’s statutory process for tax liens/deeds, you could eventually obtain a treasurer’s deed when the statutory redemption period expires and statutory conditions are met. This process is governed by Colorado’s tax statutes and has strict procedural steps. See Title 39 (Taxation) for tax-collection and tax-sale rules: https://revisor.colorado.gov/title-39.
• Adverse possession (long-term option): Possession of land under a claim of right may ripen into title by adverse possession if you meet statutory requirements (open, notorious, continuous, hostile for the statutory period). Colorado’s real property statutes set out requirements related to possession claims. Adverse possession is a long-term option and often contested. See Colorado statutes on property and actions affecting title: https://revisor.colorado.gov/title-38.

3. Practical legal paths to become an owner or protect your payment

If your goal is title or to make sure your payment is protected, consider these steps:

1. Document everything: Keep receipts, bank records, and any communications that show you paid the taxes and why (to preserve the property, at the request of an heir, etc.). Written agreements are best.
2. Talk to the recorded owner(s) or estate representative: If the property is in someone’s estate, the executor/personal representative or the legal heirs can transfer title (for example, by quitclaim deed) to you if they agree. If the property wasn’t probated, initiating probate may be necessary to clear title.
3. Record a lien or written claim if appropriate: In some cases, you can record an affidavit of lien or a memorandum of agreement claiming reimbursement. Whether that creates an enforceable lien depends on the facts and Colorado law; recordation gives notice to third parties but may not create full legal security without a contract or court judgment.
4. Purchase a tax lien at sale or follow statutory redemption: If you legitimately acquire a tax lien at county sale and follow the statutory steps, you may obtain enforceable rights under Colorado’s tax-sale process (Title 39). Do not assume informal payments to the county give you these rights; you must follow the county and statutory procedures for purchasing liens.
5. File a quiet-title or partition action when necessary: If ownership is disputed or unclear, a court action to quiet title or partition the property will decide legal ownership and priorities. Courts will weigh recorded title, probate results, equitable claims and payments you made.

4. Common scenarios and likely outcomes

Here are a few common fact patterns and typical results under Colorado practice (these are general patterns — results vary with facts):

• You paid the taxes to protect a relative’s property and the relative is plainly the owner: You will likely have a claim for reimbursement against the owner or estate. You do not become the owner simply by paying the tax bill.
• You paid taxes and the heirs promised to give you the land later but didn’t sign a deed: A promise alone is weak. A written agreement or a deed given later is needed to transfer legal title. You may have a breach-of-contract claim if heirs refuse to follow through.
• You paid taxes and also have occupied the land adversely for a long statutory period: You might be able to claim title by adverse possession if you meet Colorado’s statutory and case-law requirements; this is a long timeline and often litigated.
• You paid the county tax bill directly and expected to receive the tax-lien certificate or treasurer’s deed: Make sure the payment used the county’s official tax-sale/tax-lien procedures. Informal or out-of-process payments to the county may preserve the property but won’t give you the specialized rights of a tax-sale purchaser unless the county’s sale procedure is followed exactly.

What you should do next (practical checklist)

1. Get copies of the deed, tax history, and county treasurer records for the property.
2. Document and preserve proof of your tax payments.
3. Ask the county treasurer how the payment was applied and whether any certificates of purchase or tax-sale notices exist.
4. If the owner is deceased, find out whether the estate has been opened in probate and who the personal representative is; if not, consider whether a small estate affidavit or probate is needed.
5. Talk to the recorded owner(s) or heirs about a written agreement or deed; get anything agreed in writing.
6. Consult a Colorado real estate or probate attorney to evaluate your rights and whether to record a lien, start a quiet-title action, or pursue other remedies.

Helpful Hints

• Always get and keep written proof of tax payments, including receipts and county treasurer correspondence.
• Do not assume payment equals ownership. Ask the county whether your payment created a purchaser’s interest or simply satisfied the existing owner’s obligations.
• Consider getting a title search before spending more money. Title searches reveal recorded ownership, liens, mortgages, and tax sale history.
• If you plan to protect your payment by recording something, get legal advice on the correct form (e.g., affidavit, lien, or memorandum) so it has the intended legal effect.
• Time matters. If a tax sale is imminent, contact the county treasurer immediately and consult an attorney right away.

Relevant Colorado statutes and resources

General places to review Colorado law and county tax procedures:

• Colorado Revised Statutes — Title 39 (Taxation): https://revisor.colorado.gov/title-39
• Colorado Revised Statutes — Title 38 (Property): https://revisor.colorado.gov/title-38
• Colorado Revised Statutes — Title 15 (Probate, Estates): https://revisor.colorado.gov/title-15
• Your county treasurer’s office (for tax payment records and tax-sale procedure) — available via your county government website.

Disclaimer: This article explains general legal principles under Colorado law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific facts and to protect your rights, consult a licensed Colorado attorney promptly.