Legal Question in Real Estate Law in California
There is a house on my block that is unmaintained, unoccupied, and tax delinquent. Is there any legal way for me to assume ownership?
4 Answers from Attorneys
Move in, pay the taxes, in 4 years it's yours.
As is so often the case, Stone is wrong. First off, the statutory period for adverse possession is five years, not four. In addition, besides paying all taxes due, you must substantially enclose the property and you must improve or cultivate it while you occupy it for those five years. Lastly, he fails to mention that you will never be able to get title insurance on the property, meaning it will effectively be unmarketable, unless and until you also bring an action to quiet title, win it, and record the judgment with the county recorder after adversely possessing the property for the five years.
Bottom line: You are way better off waiting for it to go up for tax lien sale and buy it.
"Assume"? No. You can ask for special notice of tax lien sale or watch the legal notices for sale, and you could research title and contact the owner to inquire about buying it. Nobody gets to just 'assume' someone else's property, other than liberal politicians and tax dollars.
I have dealt with similar adverse possession issues including the quit title action. You may contact me to discuss.
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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