Legal Question in Real Estate Law in California

abandoned property

I found a house in my neighborhood/San Diego. The water was shut off years ago but address is listed as owners. Owner has been cited by courts. Although she attended court years ago on several abatement issues, She was a no show on latest. If I paid the back taxes and squared up the city clean up is there any way to obtain ownership?


Asked on 8/17/08, 9:27 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: abandoned property

Legally, there is no such thing as "abandoned property" in the sense that a piece of real property doesn't have an owner. Obviously, property can be "abandoned" in the sense that it is unoccupied, deserted, etc., but someone still owns it, even if it is the county because of tax delinquency.

Did you ask this question once before? Seems to me I answered a very similar question three or for years ago.

In any case, the answer lies in the law of adverse possession, sometimes referred to informally as "squatters' rights." An owner of record cannot reclaim possession after five years of absence during which someone else has occupied the property continuously, openly, without permission and with payment of all taxes. The person in possession can then become legal owner of record by filing and winning a quiet title suit.

In your particular situation, you might have the greatest difficulty with the possession aspect; you'd risk a lot by moving in or doing other acts amounting to possession, such as installing a tenant on the property. I'd suggest that you have a local real estate attorney investigate the tax and title status of the property and coach you on the fine points of adverse possession before getting too involved here; you could otherwise end up wasting a lot of money and/or being charged with trespass.

Read more
Answered on 8/17/08, 3:10 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California