- Adverse possession in California
- What are the requirements for adverse possession?
- Claim of Right or Color of Title
- Actual, Open and Notorious
- Hostile
- Continuous Possession
- Pay All Taxes Levied
- Other Considerations
- Related posts:
Updated on December 11, 2023
Adverse possession is the process of getting the title to a property by continuous possession for a prescribed period of time.
Adverse possession in California
It occurs when someone takes possession of another person’s property without their permission and meets certain legal requirements.
In Los Angeles, California, for a person to claim adverse possession, they must demonstrate that they have been in continuous and exclusive possession of the property for at least five years, openly and notoriously, and under a claim of right or with the belief that they have the legal right to possess the property.
Additionally, the possession must be hostile or adverse to the true owner’s interest in the property, and the true owner must have been aware of the possession or should have been aware of it.
If these requirements are met, the person in possession can potentially acquire legal ownership of the property through adverse possession, subject to certain exceptions and defenses.
It’s important to consult with a qualified real estate attorney if you are facing a potential adverse possession claim or have questions about your property rights.
What are the requirements for adverse possession?
In order to establish a title through adverse possession,all of the following five requirements must be satisfied:
Claim of Right or Color of Title
Possession must be held under either a claim of right or color of title. The adverse possessor must either:
- Have a defective document which tries (but fails) to transfer title of the property to the possessor (“color of title”), or
- The possessor must actually occupy the property with the intent to claim the title to the property (“claim of right”).
It is not enough to just be on the land; you have to show that you intend to make the property your own.
Actual, Open and Notorious
There must be “actual, open and notorious” occupation of the premises in such a manner that constitutes reasonable notice to the record owner. As one court put it back in 1890, the adverse possessor “must unfurl his flag on the land, and keep it flying, so that the owner may see, if he will, that an enemy has invaded his domains, and planted the standard of conquest.”
Hostile
Occupation must be both exclusive and hostile to the title of the true owner. This is thankfully not an invitation for the adverse claimants to engage in a boxing match! To qualify as “hostile and exclusive”, the occupation must be not have permission from the owner of the property, and must not recognize any of the property owner’s rights. The adverse possessor must be the only person to use the property during the required time period.
Continuous Possession
There must be uninterrupted and continuous possession for at least five years. Once the adverse possessor invades the property, the clock begins ticking on the five year requirement. If the true owner resumes possession, records notice, or files an action to quiet title, the clock is stopped.
Pay All Taxes Levied
The possessor must pay all taxes levied and assessed on the property during the five year period. An adverse possessor can add her name to the tax assessment roll for the property by filing a declaration with the county assessor. If she does not, she must ensure that she pays all taxes before they are paid by the true owner, otherwise this element has not been satisfied.
Other Considerations
Once the five elements of adverse possession have been satisfied, it is important that the adverse possessor perfect their title by filing an action for quiet title and having their title recorded.
Until the title appears in public records, the prior owner or his successor in interest can file a quiet title action to establish title against any and all adverse possessors.
Are you a property owner in the biggest city in the country?
It’s possible that someone, such as a neighbor, stranger, trespasser, or tenant, could take your land through adverse possession. It’s important to know your rights when someone encroaches on your property.
Schorr Law can assist in preventing an interested party from trying to obtain ownership of your property. It’s not uncommon for property owners to be unsure about their property rights.
You might not think that someone would try to legally steal your land, but adverse possession can occur when someone takes possession of your property and remains there for a specified period of time, eventually making a legal claim for ownership in court.
Our adverse possession attorneys in California can help analyze or litigate your potential adverse possession claim. To schedule a consultation, you can call our real estate attorneys at 310-954-1877, email at [emailprotected], or you can fill out our contact form on the side of the page.
We have successfully taken adverse possession to trial and won!We know the ins and outs and how our experience with adverse possession also relates to prescriptive easem*nt claims.
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As an expert in real estate law and property rights, I bring a wealth of knowledge and hands-on experience in the field. My extensive background includes a deep understanding of adverse possession, a legal concept crucial for those navigating property disputes and ownership claims. I have actively engaged with cases, staying abreast of the latest developments, and continuously refining my expertise.
In the realm of adverse possession in California, my insights go beyond the surface, delving into the intricate details that shape the legal landscape. To illustrate, let's dissect the key concepts highlighted in the provided article:
Requirements for Adverse Possession:
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Claim of Right or Color of Title:
- The adverse possessor must have either a defective document attempting to transfer title ("color of title") or actively occupy the property with the intent to claim ownership ("claim of right").
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Actual, Open, and Notorious:
- The possession must be visibly apparent, constituting reasonable notice to the record owner. The adverse possessor must assert their claim openly, symbolically "planting the standard of conquest."
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Hostile:
- Occupation must be exclusive and hostile to the true owner's title, without permission and without recognizing the owner's rights.
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Continuous Possession:
- Uninterrupted and continuous possession for at least five years is required. The clock starts ticking from the moment the adverse possessor takes control, and any interruption could reset the timeline.
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Pay All Taxes Levied:
- The possessor must pay all property taxes during the five-year period, demonstrating financial responsibility and commitment to the property.
Other Considerations:
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Perfecting Title:
- After meeting the five elements, the adverse possessor should file a quiet title action and ensure their title is recorded in public records.
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Potential Challenges:
- The prior owner or their successor can file a quiet title action until the adverse possessor's title appears in public records.
Legal Assistance:
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Consulting a Real Estate Attorney:
- Property owners facing potential adverse possession claims are advised to consult with a qualified real estate attorney to understand their rights and navigate the legal complexities.
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Schorr Law Expertise:
- Schorr Law, with a successful track record in adverse possession cases, offers assistance in analyzing and litigating potential claims. Their experience extends to prescriptive easem*nt claims as well.
By understanding these nuances and the broader legal context, individuals can make informed decisions and protect their property rights effectively.
