Legal Question in Real Estate Law in California

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.