An Overview of Adverse Possession Assume a scenario where you take possession of a property and claim it as yours even though title to the property is under someone else’s name. Further assume that without permission from the title owner you have continuously...
Adverse possession can arise in several different situations. This blog will discuss the situation where a third party adversely possesses property against a decedent’s estate. Other scenarios will be discussed in future blogs. Under an opened administration, a third...
A claimant seeking to acquire property by adverse possession must pay the annual assessed property taxes. This requirement was mentioned in an earlier 2019 blog. The following is a further examination into the specifics of the property-tax requirement. The general...
If you own unoccupied property – whether it be vacant land, an empty single family residence, or commercial space – there is always the possibility, and risk, of adverse possession by a third-party. Admittedly, adverse possession in California is rare, but a vigilant...
One of the factors for obtaining a prescriptive easement or adverse possession is that the use of land must be “adverse” to the true property owner. What does “Adverse” mean? The term “adverse use” “means only that the owner has not expressly consented to the use by...
Does a partition and adverse possession action ever interplay with one another? How are they different, and how are they similar? In this blog, we’ll describe the interplay between adverse possession cases and partitions in the co-tenancy context. Partition...
