Full question:
My great grandfather passed away in 1930 without leaving a will. His ranch was passed down to his 8 children, each with 1/8 interest in 9 separate parcels. Since that time, my grandfather, then my father and now my brother and I have lived and worked on this ranch, paying all taxes along with upkeep. My question, over the years the land has continued to pass to other generations (many relatives I have never met). Recently, it has come to their attention that they have an interest in the ranch and they want to sell it. Help! Is there away to claim the ranch using adverse possession? These relatives walked away from the ranch 78 years ago and have never looked back. We would like to continue our business as cattle ranchers.
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: California
Answer:
In California, adverse possession requires five years of continued use which is "open and notorious" and "adverse" to the owner's interest. The maintenance and upkeep and improvement of the property is required and for the five years of use the property taxes must be paid for the property being adversely possessed. Property that is occupied with the consent of the owners is not considered a hostile claim. Merely sending the possessor a note granting permission to be there will usually be enough to defeat a claim of adverse possession.
The following is a California statute:
325.
For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: First--Where it has been protected by a substantial inclosure. Second--Where it has been usually cultivated or improved. Provided, however, that in no case shall adverse possession be considered established under the provision of any section or sections of this Code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, State, county, or municipal, which have been levied and assessed upon such land.
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.
