Legal Question in Real Estate Law in California

Subjective Ownership I owned homestead since purchased

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, 10:37 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Subjective Ownership I owned homestead since purchased

Since they gave you permission to use the lot there is no hostile usage by you so you can not take the lot by adverse possession. But the advice of the govenmental entitly that you must keep the property up seems totally false as you do not own that property so have not duty toward it. it seems that you do have a claim, probably barred by the statute of limitations against the original seller who claimed to sell you the plot he does not own. I am not sure wht you mean by "ST's".

You probably need to speak to a local attorney who handles real proprety disputes to straighten this out.

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Answered on 12/02/08, 10:47 pm


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