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:
I am assuming the property is in California. In order to claim adverse possession in California, the claimant must have been in continuous possession without the owners' permission and paid all taxes for at least 5 years. If the non-occupying owners gave permission for the occupation of the property, it would not be considered a hostile occupancy, which is required for an adverse possession claim. Co-owners cannot normally adversely possess against one another, unless a co-owner in possession notifies other owners of the intent to adversely possess.
This would probably would require changing locks & putting up signs & sending letter to make it clear that possession was exclusive and hostile and that co-owners were on notice that the possessor was intending to adversely possess.
It may be possible to recover payments made on the property under an unjust enrichment theory. In order to show unjust enrichment, a party must prove that the defendant had a benefit conferred on them by the plaintiff, that the defendant knew of the benefit, and that acceptance or retention of the benefit by the defendant would be unfair under the
circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
