What is an adverse possession claim?

Adverse possession claims are a type of real estate law that applies in California. It is a court process where someone who does not own a piece of land can seek ownership by proving that they have been occupying it for a certain period of time. In order to make an adverse possession claim, an individual must prove that they have been occupying the land for at least five years and that they have been using it openly, under a claim of right, and hostilely. This means without the permission of the owner and without hiding the fact that they are occupying the land. The individual must also prove that they have paid all property taxes on the land, or that they have been using it in such a way that the true owner has been excluded from using it. If all of these conditions are met, then the court may grant ownership of the land to the claimant.

Related FAQs

What level of disclosure do I have to make when selling real estate?
What is a lease option agreement?
What is a home warranty?
What remedies are available to me if I am a victim of real estate fraud?
How can I protect my rights as a landlord?
What is a broker-in-charge?
What types of mortgages are available?
What is a title insurance policy?
What is a quiet title action?
How do I obtain a deed of trust?

Related Blog Posts

What Are the Foundational Elements of Real Estate Law? - July 31, 2023
A Comprehensive Guide to Commercial Real Estate Laws - August 7, 2023
What You Should Know About Real Estate Zoning Laws - August 14, 2023
How to Overcome Legal Obstacles When Buying Real Estate - August 21, 2023
Navigating the Legal Side of Property Development - August 28, 2023