A person may acquire legal title to property without purchasing or inheriting the property under specific conditions known as adverse possession. The law of adverse possession is based on the notion that land should not remain unused and unimproved, and that an individual who actually cares for and utilizes the property should be permitted to own it. But in order to claim land via adverse possession, the claimant must meet detailed state-specific criteria. Below is an overview of the criteria in California to capture land via adverse possession.

Time period and payment of taxes. In California, the claimant must be in possession of the land for a minimum of five years and pay taxes during that five-year period. California is one of the few states that requires the payment of taxes as a condition to asserting title through adverse possession. The justification for this requirement is that it puts the true owner on notice that an attempt is being made to claim his land through adverse possession.

Hostile claim. As an element of the case for adverse possession, hostility refers to one of the following: (i) mere occupation of the property with or without awareness that it is the property of another party, (ii) knowledge that the occupation constitutes trespassing, or (iii) occupation that results from a good faith mistake that the property belongs to the possessor, such as reliance on a faulty deed.

Open and notorious possession. This requirement states that the actions of the occupant must be apparent to everyone. The trespassory act must be out in the open, such as a property owner who erects a fence one foot over the property line of his neighbor’s property.

Actual possession. To demonstrate actual possession, the occupant must physically inhabit the property and maintain it as if he were the actual owner.

Exclusive and continuous possession. The possessor is required to occupy the property exclusively. No other party can be found using and maintaining the property. In addition, exclusive possession must persist for an uninterrupted period of time. This element requires that the time of possession be continuous without intermittent pauses.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.