Legal Question in Real Estate Law in California

Re: Adverse Possession

Payment of property taxes is only 1 of 5 elements that must be proven in order to claim title by adverse possession:

1) Possession must be held either under a claim of right or color of title;

2) Possession must be actual, open, and notorious occupation of the property in such a manner as to constitute reasonable notice of that occupation to the record owner;

3) The occupation must be both exclusive and hostile to the title of the true owner;

4) Possession must be continuous and uninterrupted for at least five years; and

5) The occupier must pay all taxes assessed against the property during such five-year period.

It would make no sense for a lender to claim title by adverse possession. The lender could simply foreclose for nonpayment paymenton the note/deed of trust. Property taxes are superior even to a first deed of trust, so many lenders will pay the propert taxes if the owner fails to do so and add it to the loan balance.

Re: Adverse Possession

No.

Re: Adverse Possession

No.

Re: Adverse Possession

No.