Legal Question in Real Estate Law in California

Re: Adverse possession/legal title

First of all it takes a minimum of 5 years of adverse possession, continued open and notorious occupancy, of any property which you do not own to claim adverse possession. That must be documented very carefully. The more importantly you must be paying the taxes on that property so that should answer your first part of your question. I don't understand the second part in terms of paying taxes getting a quick title action. There is no such thing that I know this a quick title action.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Adverse possession/legal title

Practically speaking, getting a court to award you title to property based upon an adverse possession claim is extremely difficult. You have to prove that you were not given permission ever to use the property in question, i.e. any lease, agreement, or ownership by family would prevent an adverse possession cause of action. This point gets most people. But if you pass, then you have to show you have "color of title"--i.e. you have to show you have a deed or document giving you title to the property. This second point gets almost everyone else. Essentially, you would have to show that you received a fraudulent deed to the property, but did not know it was fraudulent. But even if you have passed this second test, you still have to show that you paid all property taxes for at least five years, i.e. if there are any tax liens recorded against the property, you will have to pay them off. I have yet to find anyone who has ever had a valid claim to adverse possession. As far as your question about "quik title" I think you mean Quiet Title. Yes, you would bring a quiet title action if you want to claim adverse possession, but be ready to pay huge investigator fees as you have to serve everyone who has ever claimed title to the property or has a lien or mortgage recorded against the property. Let me make a suggestion, you might want to consider what is called a "specific performance" action which is a much easier way to get title to property based upon what is fair and just given all the facts and circumstances.

Re: Adverse possession/legal title

1. Adverse possession for five years is sufficient if the other requirements are met.

2. There is no such legal concept as "quick title action." You cannot shorten the adverse possession period by paying the taxes; if fact, you must both possess property adversely for five years AND pay the property taxes in order to acquire title.

You seem to be a neighbor and I would encourage you to give me an e-mail or call if you have a specific situation you need help with.