Detailed answer — how Virginia law treats tax payments and title

1) Paying taxes does not create ownership. In Virginia, legal ownership of real estate is established by a recorded deed, an order of the probate court, or a final court judgment that changes title. Simply paying a property tax bill does not put your name on the deed or transfer title. The property owner of record (or someone who obtains title through probate or a court action) remains the legal owner.

2) What paying back taxes does accomplish.

• It prevents or delays a tax sale. Counties and cities may sell property to collect unpaid taxes. Bringing taxes current can stop that process or remove an immediate threat of sale. See Virginia tax law and procedures in Title 58.1 of the Virginia Code: Va. Code Title 58.1 (Taxation).
• It creates a record you can use later. Keep receipts, cancelled checks, and written demand/agreements. Those records are evidence if you later ask a court for reimbursement, an equitable lien, or another remedy.
• It may give you a right to ask for reimbursement or to have a lien. If you paid taxes to protect the owner’s interest (for example, on behalf of an estate or to preserve property you will inherit), you may be able to sue the record owner or co-heirs for repayment, or ask a court to recognize an equitable lien or subrogation. The remedy depends on the facts and requires filing in the proper Virginia court.

3) Probate and transfer remain necessary to get title. If the land passed by intestate succession or under a will, a transfer through the circuit court’s probate process or a deed signed by the personal representative or heirs must be recorded in the land records to change the owner of record. See Virginia rules on wills, estates, and fiduciaries: Va. Code Title 64.2 (Wills, Trusts, and Fiduciaries).

4) If the property already sold at a tax sale. Outcomes depend on whether the sale is complete and whether redemption is available. Virginia tax-sale procedures and redemption rights are governed by the tax code and the local tax office’s practice. See the tax code at Va. Code Title 58.1 for statutory sale and redemption rules. If a tax sale was completed and the redemption period expired, you may need to consult counsel about setting aside the sale or bringing a quiet-title action.

5) Practical claims you can pursue after paying taxes when not on title.

• Reimbursement / Contribution: Ask the owner of record, the estate, or co-heirs to reimburse you for the tax payments. If they refuse, you can sue in civil court for repayment.
• Equitable lien or lien for taxes paid: In some circumstances, a court will declare an equitable lien against the property in favor of the person who paid taxes to protect the property’s title. The court’s willingness depends on the particular facts, including whether the payer acted in good faith to preserve the property.
• Partition or quiet-title litigation: If multiple heirs hold competing claims, you may need a partition action or quiet-title suit to resolve who owns what interest. These actions are governed by Virginia property and civil procedure law (see Va. Code Title 55.1 (Property & Conveyances)).

6) Tax receipts and documentation matter. Whether you are trying to show an equitable lien, a restitution claim, or a contract to pay taxes in exchange for an interest, detailed documentation increases your chances of success. Keep copies of tax statements, bank records, correspondence with heirs or executors, and any signed agreements.

7) Timelines and local procedures vary. Counties and cities in Virginia run their own tax collection and tax-sale procedures. If a tax sale is imminent, act quickly: contact the local treasurer or commissioner of the revenue and ask what is needed to stop a sale or how redemption works in that locality.

8) Professional help is often necessary. Cases involving disputed ownership, probate, tax-sale redemption, or equitable liens raise factual and legal issues that typically require a Virginia real estate or probate attorney to resolve.

Typical next steps you can take now

1. Collect and secure proof of payment: save receipts, canceled checks, bank transfers, and letters to or from the tax office.
2. Check the recorded owner and the title history: consult the clerk of the circuit court where the property is located and get a certified copy of the deed chain.
3. Find out whether the estate has open probate or whether an executor is handling distribution. If probate is open, notify the personal representative and document your payments.
4. Ask for a written agreement: if you plan to pay more taxes or other expenses, obtain a signed, written agreement stating whether you will be reimbursed or whether you will receive an ownership interest in exchange.
5. Contact the local treasurer immediately if a tax sale is scheduled to learn redemption or payment steps.
6. Consult a Virginia attorney experienced in probate and real estate to discuss filing for reimbursement, an equitable lien, quiet-title, or to guide you through probate transfer.

Helpful hints

• Do not assume payment equals ownership. Always record a deed or obtain a court order to change title.
• Get everything in writing. A simple written agreement about payments and expectations helps enormously in court later.
• Record tax payments in the property chain of title: when possible, record a memorandum or affidavit that documents who paid and why, and attach supporting documents with guidance from counsel.
• Act fast if a tax sale is scheduled. Local treasurer offices can often accept payment to stop a sale, but deadlines are strict.
• Consider insurance and inspections. If you plan to acquire title later, inspect the property and check for other liens, mortgages, or code violations.
• Talk with all heirs. Coordinating payment and title transfer with co-heirs or the executor reduces conflict and litigation risk.