Adverse possession is a legal concept that allows someone who is not the legal owner of a piece of land to eventually gain ownership rights to that land through continuous, open, and exclusive possession of it for a specific period of time. For actual landowners, the idea that someone else could eventually gain ownership of their land simply by occupying it can be unsettling and even unfair. This article will discuss the element necessary to gain title to someone else’s land in California by adverse possession and, more importantly, how to prevent this from happening to your land.
To establish title by adverse possession in California, a person must establish five elements: (1) Possession must be by actual occupation under such circumstances as to constitute reasonable notice to the owner; (2) Possession must be hostile to the owner’s title; (3) The Holder Must Claim The Property As His Own, Either Under Color of Title or Claim of Right (4) Possession must be continuous and uninterrupted for five years; (5) The possessor must pay all the taxes levied and assessed upon the property during the period. (Unger v. Mooney, 63 Cal. 586; see Code Civ. Proc., 321 et seq.) Unless each one of these elements is established by the evidence, the plaintiff has not acquired title by adverse possession.
To prove adverse possession, a person must demonstrate that they occupied the property in a way that the owner would reasonably notice. West v. Evans (1946) This means their possession should be evident and noticeable to both the true owner and other people. Courts often refer to this as “open and notorious,” meaning that the occupation is visible and apparent. Buic v. Buic (1992) This requirement ensures that the actual property owner becomes aware of the unauthorized use of their land. It allows them to take action to prevent the occupation from turning into a valid adverse possession claim. Example: A Cable Company runs a cable under Landowner’s land, and there is no indication of the cable’s existence from the land’s surface. The Cable Company cannot gain title by adverse possession because there is nothing to put the Landowner on notice of the trespass.
The term “hostile” in adverse possession doesn’t necessarily imply a disagreement about ownership during the possession time. Instead, it means that the person claiming adverse possession must occupy the property in a way that goes against the rights of the legal owner without showing any recognition, either directly or implied, of the owner’s rights. Estate of Williams, supra, 73 Cal. App.3d at p. 147.
Continuous possession requires only the degree of occupancy and use the average owner would make of the property.
California courts have held that intermittent occupancy periods generally are insufficient to establish “continuous” possession.
However, constant use by the person claiming adverse possession is not required as long as the possession is of the type the usual owner would make of the property.
Temporary absence from the land without an intention to abandon possession will not break the continuity of possession.
There also does not need to be five years of continuous possession by the same person. Ordinarily, an adverse possessor can take advantage of the periods of adverse possession by his predecessor.
Separate periods of adverse possession may be “tacked” together to make up the entire five-year period with the result that the final adverse possessor gets title to the land.
A landowner can interrupt the five-year continuous possession element of adverse possession by filing an action for trespass or ejectment. California Maryland Funding, Inc. v. Lowe (1995).
However, there’s a time limit of five years from when the adverse claimant started occupying the property. If the landowner does not take action within this five-year time frame, the landowner can’t later try to get the land back or defend the adverse possessor’s claim of ownership of the property. Fugl v. Witts (1950) 97 Cal.App.2d 495
Title by adverse possession may not be acquired without payment by the claimant and his predecessors in title of `all the taxes, state, county or municipal, which have been levied and assessed upon such land.‘ (Sec. 325, Code Civ. Proc.)” Brown v. Clark, 89 Cal. 196.
When title by adverse possession is perfected in California, the ownership of the land is as valid as can be held under any other deed title.
To obtain a perfected title by adverse possession, you must get a final adjudication by a court. This is usually done by filing a lawsuit to “quiet title” on the property.
Avoiding adverse possession of your property involves taking proactive measures to protect your ownership rights and prevent others from acquiring legal ownership through continuous and open use.
Here are some strategies to consider:
I strongly recommend seeking legal advice from an experienced real estate attorney in California if you have any concerns related to adverse possession. An attorney’s expertise will clarify local laws, the feasibility of your claim, and the potential risks involved.
Tim McDuffey is a practicing attorney in the State of Missouri. Tim is a licensed member of the Missouri Bar and Missouri Bar Association.
A temporary custody order will remain in effect until the divorce is finalized or until modified by a subsequent court order based on changed circumstances. Why a Judge Might Issue a Temporary.
The foster care system in each state includes a network of licensed foster homes and group homes where trained foster parents and caregivers provide a home for children who have been removed from.
Hi! I'm Tim McDuffey, and this is the place where I have assembled a team of lawyers and asked them to answers some the most common legal questions they get asked by clients and friends. Our team has a passion for the law, and more importantly, for helping people. We hope this information can be a great starting point for finding answers to some of your everyday legal questions.
