Legal Question in Real Estate Law in California

Re: adverse possesion????

So, you are asking if you are entitled to claim ownership to the house based upon adverse possession? The answer is maybe. Let me mention a couple of the requisites and problems you might have in meeting them.

First, California requires that an adverse possessor must have paid all the property taxes during the 5+ year period of adverse possession. In your case, it is likely that you have done so IF you have lived there for 5+ years (which would also be a requirement, of course).

The second area that would require some research and analysis is whether his daughter can extend the five year period by claiming incapacity. The five year adverse possession period is just a specialized kind of statute of limitations, and sometimes the statute of limitations is "tolled" (suspended) if the person possessing the expiring right to sue is incapacitated in certain ways. This is more likely than not no problem in your situation, but before saying your case is a slam dunk this issue of possible tolling would have to be researched from several legal angles.

Protecting your interest and becoming legal owner "of record" will require filing and winning a lawsuit to quiet title in yourself. If your suit is not contested, and you can make a prima facie showing that you have met all the requirements for title by adverse possession, this might be a quick and easy case to win.

This kind of case fits my specialty and interests to a T and I would be pleased to represent you in a suit to get legal title in your name. Please feel free to contact me directly!

Re: adverse possesion????

First of all, the daughter living in the group home is obviously doing so due to State aid--accordingly, the state would have an entitlement to the house and there may well be a lien to that effect. Moreover, what "interest" do you believe you hold and/or are entitled to protect? I think it is DESPICABLE that you would seek to profit at the expense of a mentally disabled young woman--shame on you!