What are the requirements for adverse possession in California?

Full question:

How can I take adverse possession of an abandoned property in California?

  • Category: Real Property
  • Subcategory: Adverse Possession
  • Date:
  • State: California

Answer:

In California, to claim adverse possession, you must meet several requirements: 1. **Continuous Use**: You must use the property continuously for five years. 2. **Open and Notorious**: Your use of the property must be visible and obvious to others. 3. **Adverse to the Owner's Interest**: Your possession must be without the owner's permission, meaning it is 'hostile.' If the owner allows you to use the property, it defeats your claim. 4. **Maintenance and Improvement**: You should maintain, improve, or cultivate the property. 5. **Property Taxes**: You must pay all property taxes assessed during the five years. If you send a note to the owner granting permission for your use, it may invalidate your claim of adverse possession. According to California law (Cal. Civ. Code § 325), land is considered possessed if it has been enclosed or improved, but you must prove continuous occupation and tax payments for five years.

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.

FAQs

To succeed in a claim of adverse possession in California, you must satisfy four key elements: 1. Continuous use of the property for five years. 2. Open and notorious use, meaning your possession is visible to others. 3. Adverse to the owner's interest, indicating that your use is without permission. 4. Payment of property taxes assessed during that five-year period. Meeting these criteria is essential to establish a valid claim.