Legal Question in Real Estate Law in California

Re: Adverse possession

Adverse possession ("AP") is a set of facts that cause ownership of property to change from an owner of record to a party in actual possession. The requirements (in California) are five years of open, notorious, adverse and exclusive possession, and payment of taxes, by the adverse possessor. "Adverse" means without permission.

The theory and purpose is to place ownership of abandoned parcels into productive users' hands and to assure collection of taxes. In effect, careless absentee owners sometimes lose their property.

A distinction must be made between occupancy of an entire parcel and boundary encroachment. When two neighbors are each paying taxes on their own parcels, it is hard to prove that the payment did, or did not, include a disputed sliver along the boundary. Therefore, it is more difficult to establish adverse possession in a boundary dispute, although it has happened.

A couple of other legal doctrines may come into play. Sometimes where there are no accurate surveys, monuments, etc. courts will place boundaries where the parties treated them as being historically, rather than where a subsequent survey places them....this relies upon the express or implied agreement of the owners.

This is the kind of thing you should try to negotiate or find someone to mediate with/for you. Also consult with the former owner and the real estate agent/broker who handled the deal. An owner is presumed to know where his boundaries are, so if they were pointed out to you incorrectly the prior owner/seller may be liable.

Your title insurance probably won't cover any loss of land due to improperly-delineated boundaries, but that's at least worth an inquiry, if you end up with less land than you expected.