Legal Question in Real Estate Law in California

if a property home has been vavant for more than 6 months but is up for sale, but nobody has been to the property, not even the real estate company would it be legal or illegal for a squatter to claim that property if they have invested to fix it up and cover maintenance?


Asked on 6/04/12, 8:03 pm

2 Answers from Attorneys

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

After only six months, the squatter would be subject to arrest for trespass. Acquiring title to real property under the concept of "squatters' rights," which really means "adverse possession," to use its legal name, requires continuous open possession by the person without title, plus payment of all property taxes, for five years. Then, the squatter can go to court with a suit to have legal title placed in his name. The requirements for adverse possession, set forth simply above, are rather technical and should not be attempted casually. It would be pretty disappointing to have the true owner come along after 59 months and kick you out, or beat you to the tax collector's window, especially if you have invested in the property.

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Answered on 6/05/12, 8:47 am
Terry A. Nelson Nelson & Lawless

How about the concept of trespass and felony burglary?? Just cause I don't use my car parked in the driveway for a while, do you think you can take and use it too??

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Answered on 6/05/12, 12:14 pm


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