Written by attorneys · grounded in primary & secondary sources — see below
A statutory mechanism for transferring real property title by operation of law when the owner fails to pay taxes. The taxing authority conducts a public sale and conveys ownership to the purchaser without any deed from the delinquent owner. A fiduciary deed may later be recorded only to perfect the record title already created by the sale.
Sources & Authorities
How it applies
Common Examples
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Tax Sale Divests Owner Before Death
Tori Taylor fell behind on property taxes on her strip mall. The county treasurer conducted a properly noticed tax sale at which Paula purchased the property. Taylor died shortly afterward and her will purported to devise the mall to her children. Paula holds title because the tax sale transferred ownership by operation of law without any deed from Taylor.
Tax Sale Creates Federal Question
Grable & Sons failed to pay federal taxes on Michigan real property. The IRS seized and sold the land at a federal tax sale to Darue Engineering. Grable later sued in state court claiming the sale was invalid under federal tax law. The dispute over title obtained at the federal tax sale supported removal to federal court.
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Cases
Common Law
Restatements
Casebooks
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Dictionaries
Grable & Sons Metal Products Inc. v. Darue Engineering and Manufacturing545 U.S. 308, 318 (2005)
Tax Sale Transfers Title by Operation of Law
Owner Owen fell behind on property taxes. The county conducted a properly noticed tax sale and conveyed the land to Buyer Betty. Owen later claimed he still owned the parcel. Betty holds title because the tax sale transferred ownership by operation of law without any deed from Owen.
Texas Monthly, Inc. v. Bullock489 U.S. 1 (1989)
Common questions
Frequently Asked
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Does a tax sale require a deed from the delinquent owner to pass title?+
No. Title passes by operation of law once the taxing authority completes the statutory procedures for the sale. A later fiduciary deed may be executed only to perfect the record, not to create the transfer itself.
Supporting sources
What happens to a devise in a will when a tax sale occurs before the testator's death?+
The devise is cut off. The tax sale extinguishes the owner's interest before death, so nothing remains for the will to pass to the devisees.
Supporting sources
Can a tax sale transfer title even if the owner later executes a will or the property is subject to probate?+
Yes. The tax sale operates independently of probate and passes title by operation of law regardless of any subsequent or pending testamentary transfer.
Supporting sources
489 U.S. 1 (1989)Constitutional Law
…(exempting from sales tax religious newspapers owned and operated by religious institutions); § 48-8-3(16) (exempting from salestax sales of "Holy Bibles, testaments and similar books commonly recognized as being Holy Scripture"); Idaho Code § 63-3622I (Supp. 1988) (exempting from sales and use tax the sale of "religious…