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What is the law of adverse possession in California?

Thanks,
Lily

smithsussane · Posted: Wed Dec 31, 2008 7:48 pm Post subject:

Hi Lily!

Welcome to forums

According to the California laws, in case of adverse possession, one has to occupy the land for a period of at least five years continuously and should have paid all the taxes that has been levied and assessed upon the land or property. The taxes include the State taxes, county taxes as well as the municipal taxes, if any. You can send a registered letter to the owner saying that you have occupied the property and that you have been paying the property taxes regularly.

Feel free to ask if you have further queries.

Sussane

Guest

what if you have had possession of the property for over the five years, and paid your taxes, but didn't know that your fence was actually 2 feet on the neighbors property. Could you claim that you had been paying your taxes, thinking that it DID in fact include that part? Our neighbor is claiming that our fence be moved, we have lived in the house for 5 1/2 years, they just moved in 1 1/2 years ago. A survey MAY have been done about 10-12 years ago, when the lot was empty next to us, but the existing fence WAS in place even then. Thanks~

Posted: Thu Jan 08, 2009 3:46 am Post subject:

Better consult an attorney Anna. He will be able to tell you what steps you need to take in this case. He will be able to tell you your rights in this case so that you can retain that portion of the property.

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Adverse possession in California

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