Adverse Possession

Adverse Possession

What Is Adverse Possession and How Does It Work in LA?

Adverse Possession is a legal doctrine that allows a person to gain ownership of land or real property that they do not hold legal title to—if they occupy and use it in a certain way for a specific period of time, without the permission of the legal owner.

Imagine your neighbor dies and you begin to maintain their vacant property while you are waiting on their family or heirs to arrive and take over – but no one ever shows. If you begin paying the property taxes and treat the property as your own you may end up being rewarded for your efforts with a claim to ownership.

Why Should You Hire an Adverse Possession Attorney in Los Angeles, California?

Very few attorneys in California have ever actually tried an adverse possession case in court. At Schorr Law, we are different — we have, and we won. In the summer of 2013, our lead real estate attorney, Zachary D. Schorr, successfully tried and won an adverse possession case, securing 100% legal and beneficial title to real property in Los Angeles resulting in an over $3 million win for our client. We actively litigate these types of disputes and have experience getting them in both contested and uncontested matters. We have many judgments for adverse possession in favor of our clients over the years.

To successfully claim adverse possession in California, the person occupying the land (the “claimant”) must meet all of the following criteria:

  • Actual Possession – They must physically occupy the land, such as by building a fence, maintaining it, or living there. Possession can be in the form of controlling it and renting it to others.
  • Open and Notorious – The occupation must be obvious to anyone, including the legal owner.
  • Hostile – The possession must be without the permission of the rightful owner.
  • Continuous Use – The land must be occupied continuously for at least five years.
  • Property Taxes Paid – The claimant must have paid property taxes on the land during the five-year period.

Schorr Law has represented clients in a variety of complex adverse possession cases, including:

  • Securing title to real property through adverse possession in a co-tenancy dispute in Los Angeles
  • Successfully asserting adverse possession in a probate context, where we argued that our client had obtained title to trust property by disobeying the terms of the trust and claiming the property for himself.
  • Using adverse possession to reassign and increase ownership interest in real property in West Los Angeles.
adverse possession attorney near me
Adverse Possession California

When Is the Right Time to Contact an Adverse Possession Lawyer in Los Angeles?

If you believe you may have adversely possessed a property, the only way to perfect your claim is to file a court action to quiet title through adverse possession. A successful adverse possession action will allow you to legally change title and become the official record owner of the property.

 

Are you ready to take the next step?

Here are a few key questions to ask yourself before contacting Schorr Law:

  • Have you maintained exclusive control and possession of the property for at least five consecutive years?
  • Has your possession during those years been without the permission of the record title holder?
  • Have you paid all property taxes on the property for at least five consecutive years, and in a timely manner? In a timely manner means in the year the property taxes were assessed – you cannot pay them retroactively to meet the requirements.

If you answered “yes” to these questions, you may have the foundation for an adverse possession claim. Because these cases are complex and strictly enforced under California law, it’s critical to have experienced real estate counsel on your side.

At Schorr Law, we have successfully litigated adverse possession cases—including obtaining full legal title for clients—and can guide you through every step of the process. To see if you qualify for a free 30 – minute consultation, contact us today!

Most Common Questions About Adverse Possession in California

What is adverse possession?

Adverse possession is a legal doctrine that allows someone to gain ownership of real property by occupying it in a specific way for a certain period of time—without the legal owner’s permission. In California, it’s possible to gain legal title to land if very specific conditions are met.

What are the requirements for a valid adverse possession claim in California?

To successfully claim property through adverse possession in California, the claimant must prove all five of the following:

  • Actual possession of the property
  • Open and notorious use—use must be obvious and visible
  • Hostile use—without the true owner’s consent
  • Continuous and uninterrupted possession for at least five years
  • Payment of all property taxes assessed on the property during that five-year period
Is paying back taxes later enough to satisfy the tax requirement?

No. The claimant must have timely paid the property taxes each year during the five-year possession period. Paying taxes in arrears or in a lump sum later will not satisfy this requirement.

Can I claim land if I have the owner’s permission to use it?

No. If you have permission—written or verbal—you are not using the land “hostilely.” Permission invalidates a key requirement for adverse possession.

Can anyone claim adverse possession?

In theory, yes—neighbors, trespassers, former tenants, or even strangers could claim adverse possession. But meeting the strict requirements—especially paying property taxes—is challenging and uncommon.

Get Help from Los Angeles Adverse Possession Attorneys

If you’re involved in a dispute over real property in Adverse Possession, or any other form of litigation,  contact Schorr Law today. We have the experience to guide you through complex Adverse conflicts / Los Angeles estate disputes with skill and strategy.

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