Legal Question in Real Estate Law in California
Squaters Rights
What are the laws pertaining to squaters rights & what is needed to implement them?
1 Answer from Attorneys
Re: Squaters Rights
In essence, you're asking about either or both of
two separate theories: Title by Adverse Possession,
or Prescriptive Easement.
Generally, to acquire title by adverse posession,
one must prove 5 years of continuous possession of
real property that is hostile to the record owner's
title. There must be actual occupation wich gives
the record owner reasonable notice. The "squatter's"
claim of ownership must be made under claim of
title or claim of right. Further, the person
seeking title by adverse possession must pay taxes
all taxes assessed on the property.
Gaining a prescriptive easement is somewhat similar
to acquiring title by adverse possession. The key
difference is that one does not acquire title to the
property. Rather one acquires an easement, or the
right to make a specific use of land owned by
another.
Making a claim for title by adverse possession, or
for a prescriptive easement can be extremely complex -
the description above barely scratches the surface.
Be aware that in both cases, the "squatter" seeking
either title, or the prescriptive easement, must file
a lawsuit against the owner of the property to
perfect the claim. No one magically appears at
the end of 5 years and hands the "squatter" a
deed.
The foregoing information is provided as an
accommodation only, and does not constitute legal
advice or a legal opinion based on a comprehensive
review of all relevant facts, nor can provision of
such information be construed as creating an
attorney-client relationship.