Legal Question in Real Estate Law in California

I manage a property that was placed in a trust in 2009. There has been a man living there in his camper/truck for several years. The original land owner allowed this person to stay there, without rental payment. Since the original owner's passing and placement of the land in the trust, it has been decided that this person needs to vacate. We are wondering if this person has any squatter's rights. The property is located in California.

Asked on 9/12/11, 12:58 pm

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

I have experience litigating adverse possession, and recommend you contact me for a consultation immediately.

Also see my website for some general info on squatters rights at


Daniel Bakondi, Esq.

[email protected]


The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

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Answered on 9/12/11, 1:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There won't be any adverse possession here. The guy was given permission, and that removes the essential element of adversity. Further, one must pay the property taxes to have a claim for adverse possession (i.e., squatter's rights) in California, and I'm sure he hasn't done that. He may (although unlikely) make a claim that you'd have to defend, but you'd win.

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Answered on 9/13/11, 7:07 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. "Squatter's rights" is what lay people use to refer to the legal doctrine of adverse possession. Adverse possession is defeated by consent, and by a failure to pay property taxes. If you or your owner have been paying property taxes, he does not have a valid adverse possession claim.

Since he arrived with the original owner's consent, you will need to follow proper procedures to have him evicted.

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Answered on 9/13/11, 8:53 am

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