Schorr Law is about to enter week 3 of a trial involving a cotenants’s claim for adverse possession. Adverse possession is the process by which a person acquires the title of another through prescription. The typical claim for adverse possession by one co-tenant against another co-tenant involves an ouster combined with payment of taxes for 5 years and the passage of 5 years. While adverse possession is a concept and term that can be foreign to non-lawyers and lawyers alike, it does exist in the modern day. Case law suggests the California Supreme Court has been dealing with adverse possession since the mid 1800’s and the claim has not gone away nearly 200 years later.
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