Legal Question in Real Estate Law in California

Re: Squaters Laws or rights

As you probably know, when someone (the "squatter") occupies the real property of another, under some circumstances the squatter acquires legal title to the property. In simple terms, the possession must be without permission and continuous for five years, visible rather than secret, and the squatter must pay all the property taxes. The legal term is "adverse possession."

Someone who has a legal right to occupy the property generally cannot obtain title by adverse possession, because her possession is permissive and not adverse. That's why long-term tenants remain tenants and do not become owners. The same would be true for guests - if one daughter stays in the parents' home long after the other siblings leave, she is a guest, and even though the parents may wish she would get her own place, legally her occupancy is still considered permissive.

Similarly, when two or more persons own a property as tenants in common or joint tenants, a co-owner in possession does not obtain the title of the co-owner(s) who are not in possession unless there has been an ouster, i.e. the co-owner out of possession has been denied her right of possession by, for example, force or threat of force.

Your question does not clearly state who owns the house at present, nor who is in possession. Are mother and sister there together? Does mother own the house while she is alive, with the beneficial interest to pass to the sisters upon her death, or did the sisters acquire ownership at father's death?

In either case, I don't think there is much likelihood of an adverse possession, but I would recommend that you e-mail me with more complete details for a better (and free) analysis. Looks like you are in Santa Rosa; that's where most of my clients are.