Legal Question in Real Estate Law in California

Re: Taxes paid on quick claimed property where a portion of a house is involved

I need more facts. Why is only 1/10th of a house on the

portion which has been quitclaimed? If there is some

mistake, there are remedies. I doubt that the entire house

is lost since 1/10th is on the quitclaimed portion. The

legal action may be quiet title, or a reformation of the quitclaim

deed, or an action as a good faith improver, or perhaps trespass and

ejectment, depending on the facts.

Re: Taxes paid on quick claimed property where a portion of a house is involved

It's hard to tell what your issue is because the facts given don't paint the full picture.

What is this 1/10 interest? Is the property subdivided into two or more parcels, or was there some kind of co-tenancy like tenants in common where one party owned a 10% interest in the entire property?

If the latter, the problem is easier to understand and easier to deal with.

Essentially, two or more persons can own a piece of real estate in percentages. Each co-owner has a right to occupy the entire piece, not just a part representing his fractional interest.

It sounds to me as though at some time in the past an owner quitclaimed a 10% share in the property to someone. Is this correct? Keep in mind that a 'quitclaim' is just a type of deed -- in which the seller says (in effect) to the buyer, "I don't know if I owned it, and I make no guarantees, but if I did own it I sold it to you."

Another possible interpretation of your question is that someone is claiming to own a part of the property through adverse possession. While it is true that paying the property taxes is one factor in determining whether someone has obtained land by adverse possession, it is certainly not the only requirement....the main one is actual possession in hostility to the owner's interest and right.

Another possibility is that the 4.5 acres actually exists in two separate parcels, one of about 0.5 acre and the other of about 4.0 acres, and the house sits on the lot line. However, this seems unlikely to me.

Call, write or e-mail me to discuss, and I'll give you a better answer if I can.