Adverse Possession Claims

Adverse possession is a legal principle that allows an individual to claim ownership of a property if they have occupied it for a specified period without the owner’s permission. This doctrine exists to encourage land use and prevent neglect of real estate. However, adverse possession claims can be complex and require a deep understanding of the legal framework in California. Real estate attorney Borna can help navigate these claims effectively.

Establishing Legal Requirements

To successfully claim adverse possession in California, the claimant must meet strict legal requirements. The essential elements include:

1. Actual Possession – The claimant must physically use the property as an owner would. This includes making improvements, maintaining the land, or residing on the property.

2. Open and Notorious Possession – The occupation must be visible and apparent so that the legal owner has an opportunity to take action.

3. Exclusive and Continuous Possession – The claimant cannot share possession with others, and they must continuously occupy the property for at least five years.

4. Hostile Possession – The use of the property must be without the owner’s permission. “Hostile” in this context does not mean aggressive but rather unauthorized.

5. Payment of Property Taxes – The claimant must have paid all relevant property taxes for the five-year period of occupation.

If these conditions are met, the claimant may file a lawsuit to gain legal title to the property. However, the burden of proof lies with the claimant, making it essential to present strong evidence.

Defending Against Claims

Property owners facing an adverse possession claim have several defenses to prevent losing their land. These include:

1. Challenging the Legal Elements – If the claimant fails to satisfy even one of the required elements (such as continuous possession or tax payments), the claim can be denied.

2. Proving Permissive Use – If the owner can demonstrate that the claimant had permission to use the property (e.g., through a verbal or written agreement), the possession is no longer “hostile,” invalidating the claim.

3. Interrupting Possession – If the owner reclaims or utilizes the land during the five-year period, it can break the continuity required for adverse possession.

4. Filing a Lawsuit – Property owners can file a quiet title action to clarify ownership and remove any adverse claims.

5. Recording a Notice of Ownership – Property owners can also post signs or record a notice with the county recorder’s office to indicate their claim over the property.

Consult a Real Estate Attorney

Adverse possession cases can be highly complex and require legal expertise to either establish or defend against a claim. If you are involved in a dispute, seeking professional legal guidance is crucial. Attorney Borna, an experienced real estate lawyer in California, is ready to assist with all adverse possession matters.

For legal consultation, contact Borna at (888) 42-BORNA or visit the office at 2530 Wilshire Boulevard, 3rd Floor, Santa Monica, CA 90403.