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How To Get A Property Through Adverse Possession in California

 
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How To Get A Property Through Adverse Possession in California

Prepared By: Melissa C. Marsh, Los Angeles Real Estate Attorney
Written: October 2010
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In order to assert a claim of adverse possession in California, the claimant (party seeking to gain title to the property) must demonstrate:

  1. possession under a claim of right or color of title;

  2. actual, open, notorious occupation (protected by a substantial enclosure such as a fence and usually cultivated or improved);

  3. adverse and hostile possession;

  4. continuous possession for a period of five years; and

  5. payment of all taxes assessed against the property during the five-year period.

See, Mehdizadeh v. Mincer, 46 Cal.App.4th 1296, 1305 (1996) and Cal. Code Civ. Proc. 325.

The California legislature concerned about speculators making a lump sum tax payment on rural parcels of land in hopes of building a claim of right to the land, enacted Assembly Bill 1684. Effective January 1, 2011, a claim for adverse possession will now require in addition to the above five requirements, certified records from the county tax collector showing that all state, county, or municipal taxes have been "timely paid" for each of the five years the property has allegedly been occupied and claimed.

It should be noted that California courts are loath to grant a quiet title action based on adverse possession and the standard of proof is very high.

If you have additional questions, or would like the assistance of real estate attorney, Melissa C. Marsh, please schedule a telephone consultation for as little as $85 by completing our Telephone Consultation Request Form and Melissa Marsh will call you back at the time you select or Email: Melissa C. Marsh.


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.