Legal Question in Real Estate Law in California

Adverse Possession Rights

Adverse Possession and Reimbursement. Prefer California. I heard about an Adverse Possession where the Owner was aware of the AP and let the AP spend money rehabing and when the house was fixed up threw the AP off. The AP learned of this fact and sued for reimbursement because the Owner had an obligation to notify the AP and not unjustly enrich himself. The AP did win compensation from the courts, but it might not have been in CA. Any Help Out There??


Asked on 10/19/00, 1:03 pm

1 Answer from Attorneys

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

Re: Adverse Possession Rights

Based on the relatively skimpy facts provided, my opinion is that the result in California would be the same as in the matter you describe. State law on unjust enrichment and adverse possession is not uniform from state to state, but neither are the differences huge. If you are personally facing an adverse possession and/or an unjust enrichment dispute, it is quite important to consult a local attorney with appropriate experience at an early stage.

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Answered on 11/16/00, 8:55 pm


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