Legal Question in Real Estate Law in California

Re: Squator's Rights

Of course not an I cannot understand why you would believe her. First of all you must go see a real live attorney, expert in landlord tenant law. I take it that you to occupy the same residence. She is apparently a "border" under an oral month-to-month residency. Haven't attorney give you a form that is a thirty-day notice to quit. You will terminate her tendency. She fails to move out you will silver and ask for attorney's fees. Get a judgment against her and have the sheriff literally put her out personally if necessary. Your attorney can write her letter telling her that in the she will cooperate in get out immediately. A good attorney can work wonders for you, I know I've been able to do it for clients for years. Squatters rights my you know what!!!i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Squator's Rights

You've received a somewhat confusing and conflicting group of answers. The correct info is that adverse possession takes five years, and the possession by the "squatter" must be without your permission (i.e., when she first moved in, you didn't okay it, nor did you consent to it later on); also, the would-be "squatter" must have paid all the property taxes for the five-year period.

You need an eviction, not a quiet title suit, and an attorney can do this for you, or there are professional eviction services that do the dirty work for landlords for a fee. The eviction process, if done formally, starts with a written notice followed by an "unlawful detainer" lawsuit. Experienced landlords can do their own but you'll want professional help.

Re: Squator's Rights

Do not know where she came up with that info. Give her a thirty or sixty day notice to move. After that, if no cooperation, file unlawful detainer and get her removed. If not able to deal with it, call an attorney to help

Re: Squator's Rights

No. In California one can claim title to real property by "adverse possession" after a period of six (6) years. During that period of time they must take steps to make clear to the world that they "own" the propert they claim. Some of the steps that show "adverse possession" is the payment of real property taxes, payment for maintenance and improvements to the property, among other things. The person claiming the property by adverse possession must also make clear to the true owner their "hostile" possession of the property.

I suggest that you begin eviction proceedings immediately. If you don't know how to do it yourself, contact a real estate attorney in your area. Attorneys fees for this type of case are relatively minor (possibly as low as $350.00, if the eviction is not contested). If you do not take steps to remove this person from the property now, they may have a claim for adverse possession in the very near future; particularly since you are now on notice that they are claiming that they have "squatters rights."

Re: Squator's Rights

She may claim title to the property in which case you will need to initiate a "quiet title" action in order to accomplish an eviction. More facts would be helpful. Contact me for a free consultation.

Re: Squator's Rights

She has been watching too many westerns. If she had openly lived in the property without your permission, and paid all of the propperty taxes for a period of 5 years, she could have a claim for adverse possession. Based on your information, that is not the case.

Wheter you would need to do an unlawful detainer (eviction) or and ejectment (perhaps even a quiet title), would depend on the other facts revolving her taking possession of the property.