Legal Question in Real Estate Law in California

Re: homestead

What you're asking about isn't homesteading. The 19th-Century concept of homesteading was that if a settler occupied and improved empty government land for X years, the land office would give him a deed. What you seem to have in mind is "adverse possession," a quite different concept which basically holds that if X occupies the property of Y for five years continuously, without express or implied permission from Y, and pays all the taxes, X may claim legal title in a quiet title action and Y may not oppose (well, actually, Y can oppose, but if X has satisfied all the conditions, X will be granted title).

Under the circumstances you describe, it looks like you are a long way from being able to claim title by adverse possession. In the first place, you are not in possession. In the second place, you probably haven't paid the taxes and the owner probably pays them regularly. So, you're out of luck.

It's a fairly common thing in California (and elsewhere in the U.S. perhaps even more) for older houses to be semi-abandoned because the cost to fix them up or the cost to heat and cool them is out of line, but the owners still don't want to sell for family sentimental reasons, ennui, or maybe the property is tied up in an estate conflict.

Re: homestead

Mr. Whipple, as always, is entirely correct. You have appeared to mix up legal terms. Homesteading now means that yo are allowed to keep a certain amount of equity in your home if you file for bankruptcy or are gone after by a creditor.