Legal Question in Real Estate Law in California

Property Dispute

I purchased property and then was told there was another owner of the back lot. The original map I got from the planning and asseyors office showed the property as both lots, lot ''B''. Soon after I moved in, the planning department told me that because the owner of the back lot abandoned it, I was responsible for the upkeep of the fences that border the school yard, and had to maintain overgrowth etc. I have for seven years now, and was told once by the owner soon after purchasing my front lot that I could use the property if I cleaned the driveway that is fairly long. The place has been a real hazard for the public and shool kids for many years. I repaired the fences and kept it as safe as possible and used it for all these years. and was told by the planning office that because the only submission for a subdivision plans were disaproved originally, that I am considered to be the other owner of the back lot. Because of growth and development the property is only accessable through my property on one side. The small driveway goes to the back lot along the side of my property and other neighbor. A new home placed there would have to go through my lot Can I claim full title of the back lot by law? They paid taxes but I tried ST's.


Asked on 12/02/08, 10:29 pm

1 Answer from Attorneys
Erik Nowacki Business Law Inc.

Re: Property Dispute

Let me start out by giving you the very lawyerly disclaimer that it's impossible to give you a definitive answer without reviewing all relevant documentation.

However, from your description of the twists and turns in this matter, you could own the back lot either as a result of the attempted but failed subdivision, or by adverse possession. If the subdivision as not approved, it is possible that you are the owner of the back lot as well. What documentation can the County produce that recognizes the back lot as part of your property?

You mentioned that they paid taxes. Who are they and what did they pay taxes on? You should go to your County Tax Assessor's office and pull the tax records for both parcels. If the subdivision was not approved, it is possible that the tax assessor did not split the parcels, which means you may have been paying taxes on both parcels. If you have been paying taxes on both parcels, you could be in a good position to claim the back lot by adverse possession. Has the "owner" of the back lot made any use of it during your ownership of the front lot?

Another document to review is your grant deed. Does the legal description include the back lot?

There are many twists and turns to consider and I can only scratch the surface in an e-mail like this. It sounds like an interesting situation that requires a little more investigation.

Good luck!

Erik Nowacki

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Answered on 12/03/08, 2:01 pm


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