Detailed Answer
If you pay back taxes on land that was inherited but your name is not on the recorded deed, paying the taxes will protect the property from a municipal tax foreclosure and preserve its value — but it does not by itself make you the legal owner. Your payment creates certain practical and legal effects, and it also creates potential routes to recover what you paid or to assert an ownership interest, depending on the circumstances.
How municipal tax claims work in Massachusetts
In Massachusetts, unpaid property taxes create a lien in favor of the city or town. Municipalities enforce collection under the tax statutes; they can seek to foreclose the tax lien, take tax title, or sell the property for unpaid taxes. Paying the back taxes, interest, and statutory fees to the tax collector will stop a pending sale or foreclosure in most cases, because the municipal lien is satisfied. For the governing law on municipal tax collection and liens, see M.G.L. c. 60: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter60.
What paying the taxes does NOT do
- It does not automatically transfer legal title to you. Title to real property in Massachusetts transfers only by deed or by court order (for example, through probate, settlement of an estate, or a judicial sale). See M.G.L. c. 183 about conveyances and recording: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183.
- It does not put you on the deed or create a recorded ownership interest unless the recorded owner voluntarily conveys title to you or a court enters an order changing title.
- It does not necessarily give you the right to possess or occupy the property if someone else holds legal title.
Possible legal remedies and claims you can pursue after paying taxes
Although payment alone does not transfer title, you may be able to recover money you paid or obtain an ownership interest through one or more of the following paths, depending on the facts:
- Reimbursement from the estate: If the property is part of an estate (the deceased owner’s estate), and you paid taxes while the estate is being administered, you can seek reimbursement as a proper expense of administration. Estate administration in Massachusetts follows the probate rules (M.G.L. c. 190B). See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
- Claim against other heirs or titleholders: If other heirs or a transferee hold title, and you paid taxes to preserve the property for their benefit (or for the estate), you may have a civil claim against them for unjust enrichment, resulting or constructive trust, or an equitable lien to recover the amount you paid. You may need to bring a lawsuit or a petition in probate court depending on the situation.
- Settlement or deed transfer: Payment can be leverage in negotiations. A current titleholder may agree to convey the property (by quitclaim deed or other instrument) in return for reimbursement or other terms. Any transfer must be recorded to change ownership officially.
- Court-ordered relief: If there is a dispute about the estate, heirs, or ownership, you can ask the probate court to resolve who should own the property and to order reimbursement or create a lien as justice requires.
Practical consequences you should expect
- You will get a receipt from the tax collector. Keep it as proof of payment.
- Paying taxes protects against a municipal sale or foreclosure, at least while the payoff amount remains paid and current.
- You may become responsible for future taxes and costs if you stay in possession; that exposure does not equal ownership, but it can make you effectively the party maintaining the property.
- If you don’t get title by deed or court order, you remain an unsecured creditor or claimant for reimbursement — and you may need to enforce that claim in court.
Key documents and places to check
- Recorded deed at the county Registry of Deeds — confirms who holds legal title (search online or at the registry).
- Probate filings for the decedent’s estate (if any) — confirm whether the estate is open and how property was administered.
- Tax collector/payoff statement from the city or town — shows exactly what you paid and whether the lien is satisfied.
- Correspondence or written agreements with other heirs or the titleholder about payment, repayment, or transfer.
When to consider hiring an attorney
If the amount you paid is substantial, if other heirs or a titleholder dispute your claim, or if the estate’s administration is contested, talk with an attorney who handles probate and real estate disputes. An attorney can help you:
- File a claim in probate for reimbursement;
- Ask a court to impose an equitable lien or constructive trust;
- Draft or negotiate a deed or settlement;
- Defend against or pursue a quiet-title action if boundary or title claims arise.
Summary — plain language takeaways
- Paying back taxes preserves the property and prevents municipal foreclosure, but it does not by itself make you the owner.
- Keep careful records and get written pay-off statements. Those documents are essential evidence if you later ask for reimbursement or a court order.
- You may be able to recover payment as an estate expense, by agreement with the titleholder, or through a court-ordered equitable remedy.
Statutory references (Massachusetts): tax collection and liens — M.G.L. c. 60: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter60; conveyances/recording — M.G.L. c. 183: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183; probate and administration — M.G.L. c. 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
This is for informational purposes only and is not legal advice. If you need legal advice about a specific situation, consult a licensed Massachusetts attorney.
Helpful Hints
- Ask the town/city tax collector for a written payoff amount and keep the receipt.
- Search the Registry of Deeds online to confirm who is on the recorded deed before you pay anything.
- If you’re handling estate matters, check whether probate is open and file an inventory or petition if needed; probate can offer a formal path to reimbursement.
- Get written agreements when you pay taxes for someone else’s benefit (e.g., “I will pay taxes now; you will reimburse me” with signatures).
- If others are involved (co-heirs, a trustee, or a named beneficiary), try to resolve reimbursement or title transfer by signed settlement instead of litigation — but get an attorney to draft the agreement.
- Keep timelines in mind — municipalities move forward with collections and potential tax title actions; act quickly if you want to prevent a sale or protect your claim.