Legal Question in Real Estate Law in California

There is a house on my block that is unmaintained, unoccupied, and tax delinquent. Is there any legal way for me to assume ownership?


Asked on 2/03/10, 12:32 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Move in, pay the taxes, in 4 years it's yours.

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Answered on 2/08/10, 12:45 pm

As is so often the case, Stone is wrong. First off, the statutory period for adverse possession is five years, not four. In addition, besides paying all taxes due, you must substantially enclose the property and you must improve or cultivate it while you occupy it for those five years. Lastly, he fails to mention that you will never be able to get title insurance on the property, meaning it will effectively be unmarketable, unless and until you also bring an action to quiet title, win it, and record the judgment with the county recorder after adversely possessing the property for the five years.

Bottom line: You are way better off waiting for it to go up for tax lien sale and buy it.

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Answered on 2/08/10, 1:08 pm
Terry A. Nelson Nelson & Lawless

"Assume"? No. You can ask for special notice of tax lien sale or watch the legal notices for sale, and you could research title and contact the owner to inquire about buying it. Nobody gets to just 'assume' someone else's property, other than liberal politicians and tax dollars.

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Answered on 2/08/10, 5:26 pm
Daniel Bakondi The Law Office of Daniel Bakondi

I have dealt with similar adverse possession issues including the quit title action. You may contact me to discuss.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 2/08/10, 11:22 pm


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