Full question:
Four brothers and sisters inherited a 3 unit building from their late parents. Two brothers live in that building since 1999, only one is paying for all the mortgages and property taxes since year of 2000, and eventually they have to rent some unit out in order to raise money to help for all the expenses. The other brother and sister were never willing to take care of the building nor chip in for the expenses, but recently they show up and ask for their share of the rent money, in this case, can the adverse possession law be used to take over the whole title? Also, if they have to eventually come to the point that building has to be sold, can they ask for the reimbursement for all the money?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: California
Answer:
In California, to claim adverse possession, a person must show continuous possession of the property without the owner's permission and pay all property taxes for at least five years. If the other siblings allowed the brothers to live there, it may not qualify as hostile possession, which is necessary for an adverse possession claim. Generally, co-owners cannot adversely possess against one another unless the occupying co-owner notifies the others of their intent to claim adverse possession. This could involve changing locks, posting signs, and sending letters to inform the other owners of the exclusive and hostile possession.
Regarding reimbursement, it may be possible to recover expenses under an unjust enrichment theory. To succeed, the person seeking reimbursement must demonstrate that the other siblings benefited from their payments, were aware of this benefit, and that it would be unfair for them to keep that benefit without compensation.
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