Adverse Possession: Persistence May Pay Off
Adverse possession is the legal term for “squatter’s rights.” It means getting a valid, legal title to real property that’s enforceable against others with more traditional, legal interests (like someone who owns it). Adverse possession cases were generally rare, but with the increase of homelessness, foreclosures, the increased cost, and scarcity of housing, the issue has grown.
As more homes became foreclosed in the recession starting in 2008, an increase in adverse possession claims came. Lenders went out of business, former owners moved out, and many houses sat empty for years. They were easy targets and many people took advantage of the situation.
Adverse possession is not an easement. That would entitle someone who used your property for a long enough time to continue to use it. Adverse possession allows a potential non-owner to get title to your property and exclude you from it.
Businesses Can Seek Title to Property Through Adverse Possession
Although people occupying abandoned homes may be the most common scenario, businesses could trespass on property owned by individuals. A New Hampshire rod and gun club sued their neighbors in an adverse possession action in 2018, reports the New Hampshire Union Leader. The Monadnock Rod and Gun Club, which started in 1947, expanded its operations by moving onto its neighbor’s land. Eventually, the club ran out of money and stopped appearing at hearings for its own lawsuit.
The defendants, Scott and Bridgette Perry, won the case last year but are dealing with property damaged by the club’s illegally filling in wetlands and fill considered toxic because of spent, lead ammunition. The estimated cost to clean up the mess is $648,402. The couple and the town of Peterborough may next force the sale of the club’s property to pay its obligations.
California Adverse Possession Rules
To gain adverse possession rights under California law,
- The person must continuously occupy the property for at least five years
- The property must be enclosed or cultivated and improved as it usually would be
- The party or persons claiming adverse possession, their predecessors and grantors, must show that they paid all state, county, or municipal taxes that were levied and assessed during that period of time
If you meet these requirements, you may petition the court to quiet title (a legal method to determine the rightful owner of land) and be declared the property’s legal owner. If your petition is granted, title will be cleared in your name, and you’ll own the property.
Property Owners Can Defend Their Interests
If you have legal title to a property, it’s presumed you’re the owner until and unless the possessing party produces enough evidence to convince a judge to give them ownership over all or part of it. If you see a trespasser on your property or an adjacent property owner is encroaching on your land, you should first talk to them. Calmly and without being confrontational, ask that they take down whatever structures they put up, leave your property, and not return.
If this doesn’t work, call our office. We can talk about what’s going on, California law, and your options. If the trespassing continues, quieting title would remove any legal doubt about your status. It would be a good idea if you plan on selling the property and could also help you legally force the trespasser off your land. Another legal action, an ejectment, could be used to remove someone without any legal rights to the land.
We’re Here to Help
Whether you believe you’ve possessed property long enough to have an adverse possession claim, or you’re a property owner who wants to prevent such a claim, call my office at (949) 244-4207 or fill out our contact form today. We can talk about your situation and what you should do next.
