• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

California adverse possession

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

brianstearns

Junior Member
What is the name of your state (only U.S. law)? California
I just purchased a home, and about half of the lot (all flat and completely fenced in) is owned by the shopping center down below. When the shopping center was developed 30years ago, they left a large area of flat land behind the legal boundary of my parcel when they graded and built the shopping center. The previous owners moved the fence over the shopping center land to the end of the flat portion many years ago, doubling their lot size. They improved the part they didn't own (irrigation, building a small structure, grading.) It is impossible that the shopping center can use this land unless they redevelop and regrade the land. Can I pursue adverse possession of this land without the shopping center owners knowing about it? Or should I just keep using the land as the previous owners have been for many years.
 


justalayman

Senior Member
Can I pursue adverse possession of this land without the shopping center owners knowing about it?
no since pursuing an adverse possession claim entails suing the titled owner. It also requires the person to have paid the taxes on the property as well for there to be a valid claim.

Or should I just keep using the land as the previous owners have been for many years.
that is up to you but I doubt you will get anybody to approve of you trespassing on another's land.

at best, you might be able to claim a prescriptive easement should the owner attempt to throw you off the land. Depending on whether that parcel has a separate tax code, you may or may not have been required to pay the property taxes to have a valid claim for a PE.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top