State property law · Transfer tax statutes
Real estate and land law: owning, buying and selling property
Who owns a piece of land, how it passes from one person to another, and what the state charges when it does are set mostly by state law. Start with the guide that matches what is happening: someone using your land, a sale coming up, or a deed to sign.
Key points
- Possession
- Someone who openly holds your land without permission for the period your state sets can claim it: 10 years in Texas and New York, 7 in Florida.
- Sales
- Transfer taxes are charged when the deed is recorded; big cities add their own, and some states add a mansion tax.
- Deeds
- A quitclaim deed transfers only what the signer has, with no warranty of title.
Guides in this area
- Legal termAdverse possession: how long it takes, state by stateHow adverse possession works, how many years each state requires, when a deed or paid taxes shortens it, and how owners stop the clock or remove squatters.
- How toReal estate transfer tax: state and city rates, with a calculatorWhat real estate transfer taxes and mansion taxes cost in New York, California, Florida, Illinois, Pennsylvania, New Jersey and Washington, and who pays them.
Short answers, with the law behind them
How long does it take to get title by adverse possession?
It depends on the state: 10 years in Texas and New York, 7 in Florida, 15 in Virginia and 20 in Maryland, and less in some states for a possessor with a deed. See Adverse possession. Tex. Civ. Prac. & Rem. Code § 16.026 · N.Y. CPLR 212(a) · Fla. Stat. § 95.18
What is the mansion tax in New York?
A 1% tax the buyer pays on a home sale of $1,000,000 or more, on top of the state transfer tax. See Real estate transfer tax. N.Y. Tax Law § 1402-a
What is a quitclaim deed?
A deed that transfers whatever interest the signer has, with no promise that the title is good. See Quitclaim deeds. Cal. Civ. Code § 1092 · Tex. Prop. Code § 5.022
Where to get official answers
Other areas of US law
Official sources
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.