Adverse Possession – Real Estate Litigation

Adverse Possession in California: Understanding the Law

Adverse possession is a legal principle that allows someone to claim ownership of a property under certain conditions, even if they do not hold the legal title. In California, this concept is governed by specific statutes and legal requirements. Here’s what you need to know:

---

What is Adverse Possession?

Adverse possession allows an individual to gain legal ownership of a property if they openly occupy and use the property as their own for a specified period, meeting all legal requirements. This law is intended to promote the productive use of land and prevent neglect.

---

Requirements for Adverse Possession in California

To claim adverse possession in California, the individual (or claimant) must satisfy the following conditions:

1. Actual Possession
   • The claimant must physically occupy the property and treat it as their own. Examples include building structures, maintaining the land, or using it for agricultural purposes.
2. Open and Notorious Use
   • The use of the property must be visible and apparent to others, including the legal owner. The claimant cannot hide their possession.
3. Hostile Claim
   • The possession must be without the permission of the legal owner. “Hostile” in this context means against the rights of the true owner, not necessarily with ill intent.
4. Exclusive Possession
   • The property must be used exclusively by the claimant and not shared with others, including the true owner.
5. Continuous Possession
   • The claimant must occupy the property continuously for at least five years. Temporary breaks in occupancy can void the claim.
6. Payment of Property Taxes
   • One unique requirement in California is that the claimant must pay all property taxes on the land during the five-year period.

---

Steps to Claim Adverse Possession

If all the conditions above are met, the claimant must file a quiet title lawsuit in court to establish legal ownership. This process requires strong evidence, including proof of occupancy, tax payments, and other documentation.

---

Limitations and Exceptions

• Government Property: Adverse possession cannot be used to claim public or government-owned land.
• Encroachments: Disputes often arise over encroachments like fences or structures built across property lines. These claims may require additional legal considerations.

---

Why Seek Legal Assistance?

Adverse possession claims can be complex, and success depends on meeting strict legal criteria. Consulting an experienced real estate attorney can help ensure your claim is properly documented and presented in court.

---

Need More Information?
If you’re dealing with an adverse possession issue in California or want to learn more about Adverse Possession, please contact our law office.

 

Or write to us by clicking on Contact Us or the following link:

Contact Us

You can also reach us through the map given on the above mentioned page.