Legal Question in Real Estate Law in California

land ownership

persons that park on my property like boats , trailers and rv's for a period of time take ownership of my property.If so what do I have to do to protect myself.


Asked on 1/13/09, 7:24 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: land ownership

I partly agree with Mr. Berger and I disagree with Mr. Bravos. The persons parking vehicles, etc. won't gain ownership unless they also pay the property taxes on the land they park on. What might happen, however, is that after five years of habitual use, they would acquire a prescriptive easement.

Several ways will work to prevent a prescriptive easement. Giving them revocable permission is one way. Another is to kick them all out once a year and chain off or fence in the area for a day or two, to reassert your right to possession. Either cuts off one leg of the factors they need to claim to obtain an easement, which takes five years. Permission can be granted by means as simple as windshield flyers or posted signs.

If you need help in removing trespassing vehicles, try the CHP, police or sheriff, not self-help.

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Answered on 1/14/09, 1:05 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: land ownership

Giving permission to someone to park there can negate the "hostile" requirement usually necessary for someone who would otherwise acquire title by adverse possession.

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Answered on 1/13/09, 7:36 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: land ownership

It's the other way around. You may take possession of vehicles parked on your property. Contact me directly.

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Answered on 1/13/09, 8:33 pm


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