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Adverse Possession Issues In California

  • Published: April 28, 2023
Adverse Possession Issues

The following article will cover:

  • Definition and requirements of adverse possession.
  • Applicability of adverse possession to different property types and owner awareness.
  • Prevention of adverse possession.

What Is Adverse Possession?

Adverse possession occurs when an individual claims an ownership interest in a property for which someone else holds the title.

What Are The Requirements For Adverse Possession?

To establish a claim for adverse possession, the following requirements must be met:

  • Continuous possession for more than five years.
  • Adverse to the interest of the true owner.
  • Open, notorious, and obvious possession.
  • Unauthorized by the owner.
  • Claim of ownership to the property.
  • Timely payment of all property taxes during the five-year period.
  • Exclusive possession of the property.

How Does Adverse Possession Work?

If all the requirements for adverse possession are met, an individual can file a quiet title lawsuit based on adverse possession.

Can Adverse Possession Apply To Any Type Of Property?

Yes, adverse possession can apply to any type of real property.

Can Adverse Possession Occur If The Property Owner Is Not Aware Of The Occupant’s Presence?

Adverse possession can occur even if the property owner is unaware of the occupant’s presence, although this is rare. It typically involves the property owner not paying property taxes and not realizing someone else is claiming a right to the property.

Can Adverse Possession Be Prevented?

Adverse possession can be prevented by:

  • Paying property taxes, which prevents others from paying taxes on your property.
  • Regularly checking for unauthorized possession of the property and ensuring no one else has exclusive control and use of your property.

For more information on Adverse Possession Issues In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 881-5200 today.

September Katje, Esq.

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Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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