Legal Question in Real Estate Law in California

We have owned acreage since 1880. In 1904 there was a lawsuit and some members were stripped of their rights to the property and so were their descendants. The legal judgement states the losing side is subject to the decision of the tribe. The empty houses are subject of the tribe and now descendants of the losing side have moved into an old house and now have 10 or more people on our property and the county and sheriff refuse to help us remove them. They are now building houses here. What as private property owners can we do? We are not a reservation tribe. We are private citizens, property owners and tax payers. Same as any other property owners.


Asked on 8/16/13, 11:27 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If the property is in or near Talmage (Mendocino County), the tribe might be the Guideville Pomos, the Yokayos, or possibly one or two others. It would be helpful to know how that tribe is organized and recognized, what position it takes, and whether the 10 or more residents are tribal members. I assume that tribal law does not apply, but this should be checked, especially if anyone is claiming that it does.

Next, a lawyer would need to examine the chain of title to the property, both before and after the 1904 judgment. Although this may not be controlling, it would be important. I think payment of taxes and exercise of possession of the land over the years would turn out to be crucial, maybe deciding factors. The attitude of the county and the sheriff may be more indicative of a reluctance to get involved in a civil matter than a statement regarding rights.

After examining tribal, county recorder, tax-payment and property possession matters, and assuming all this shows that you have a strong case, your lawyer would file a lawsuit against the adverse claimants, seeking to "quiet title" to the land. This would result in the Mendocino County Superior Court examining the competing claims and making a new decision. This process might be different if (a) there is any tribal jurisdiction (doubtful) or if the descendants of the losing side turn out to have a better argument for modern-day ownership, which seems doubtful if your side has consistently paid the property taxes all these years. Please feel free to contact me at (707) 878-2230 if you'd like to discuss representation or just provide more information.

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Answered on 8/17/13, 9:03 am


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