Legal Question in Real Estate Law in California

Re: Can I keep the land?

You cannot really expect any attorney to give you any solid answer as to the chances of your father winning a case based upon a 16 lining question. Give me a break. You should take your father to an attorney with specialized in real estate laws that litigation with all of his paperwork and have the attorney explained to your father his alternative. More likely than not your father is not paying any taxes on that together questionable piece of property. What he does have though he is eight constructive or perscriptive easement to continue to using utilize the property without having paid or. Now Howell in the hat when I know whether the attorney will charge more than the property is worth. Property in San Francisco is worth a lot but if you're out in the avenues versus on Twin Peaks, there is a sense and shall amount difference in cost per square foot. Give me another break. So follow my advice, higher-end attorney to give you the alternatives and estimates cost and in deal with it, accordingly.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Can I keep the land?

Your uncle may win the case based upon advers possession. Also, both the seller and the title company could have liability to him.

Re: Can I keep the land?

I think the answers are:

1. The court will probably say the land belongs to the neighbor if the assessments and tax bills show the neighbor has been paying the property taxes on the disputed strip of land. If, however, it is clear from the assessed values and other facts that your uncle (and the previous owner) was assessed and has paid the taxes, there may be a change of title to your uncle under the theory of adverse possession. Even if the neighbor has paid the taxes, your uncle might be able to assert an easement by prescription, but this is by no means certain.

2. If the presence or absence of the 18' strip of land affects the desirability of the property, it is probably worthwhile to retain a lawyer to at least study the suit, the deeds, and the tax records (and so forth) and give you an assessment of the chances of prevailing. This is especially true if the property is in San Francisco, where land values are high and small changes in a lot size may change a property's value by tens of thousands of dollars.

3. Such a suit could certainly be filed in good faith after checking the basic facts and timing issues re the statute of limitations. Again, predicting whether it has a 10% or 90% chance of success requires a little investigation of what was disclosed at the time of sale and other matters.

Keep in mind that cases like this can often be settled before going to trial, and an effective lawyer can contribute to both sides understanding their positions and obtaining settlement in the shortest possible time at the least possible cost.

Re: Can I keep the land?

You may have a case, but it depends on your documentation. We will have to review any surveys you have, title reports, escrow instructions, and other writings. Please contact our office on Monday morning at 714 363 0220 for review of your documentation. We handle cases throughout California.

Re: Can I keep the land?

You will likely never own the land. If real property is used in an open and notorious manner for 5 years, a prescriptive easement can be created. Need more facts. Would recommend you contact attorney in San Francisco to sort it out. While I would be happy to help, I am in San Diego and Palm Springs.