Legal Question in Real Estate Law in California

adverse possession

if you squat on vacant land that is unkept and unfenced(with no posted signs)

but does have a registered owner what are your legal options.

can you stay until evicted,try and rent it,buy,etc

the registered owner is a business next door.


Asked on 12/07/07, 2:35 pm

2 Answers from Attorneys

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

Re: adverse possession

In California, you cannot obtain title by adverse possession unless (among other things) you pay all the property taxes assessed on the parcel for five years. If the owner of record also pays the taxes, the owner doesn't lose title.

Finally, the owner's remedy for getting rid of squatters is not eviction. That process is reserved for former tenants or owners who came into possession legally. An owner wanting to get rid of squatters whose original possession was illegal need not evict them; they can be removed by the police as trespassers or by an action for ejectment.

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Answered on 12/07/07, 4:16 pm
George Shers Law Offices of Georges H. Shers

Re: adverse possession

What precisely is "squatting" in your situation? If your are taking about wanting to use a vacant lot between the owner's business establishment and yours, he might be very happy for some reasonable rental amount to turn the maintenance of the lot over to you as long as you do not build any permanent structures. They may have no need for the lot as the business does not plan to expand physically.

Mr. Whipple is,as usual, correct as to the law, except it used to be 10 years and not 5 [I assume it might have been changed]. But usage must also be hostile and sincethe owner sees you everyday using hnis land he obviously does not consider it hostile. If he ever told "you can use the lot" then there is no degree of hostility and you could never get it by adverse possession or even create an easement.

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Answered on 12/07/07, 5:44 pm


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