Attention Los Angeles landowners. Beware that a landowner’s real estate can be taken by adverse possession from a neighbor, a stranger, a trespasser, or a tenant. A legal form of gaining property title that does not belong to you is called adverse possession. Do you own property in the largest city in the country? Landowner’s real estate can be taken by adverse possession from a neighbor, a stranger, a trespasser, or a tenant. Understanding your rights when someone creeps along your property line can be crucial.
Stone & Sallus can help prevent an interested party from trying to obtain title to your property. It is not uncommon when owners lack clear understanding of property rights. Who would think that someone would try to steal land legally? Adverse Possession happens when a title is acquired by a person who has taken possession of the land and has remained in possession for a specified number of years and establishes a claim for legal title in court.
Under California legislation a few things must occur before a quiet title claim can be entered:
1. Hostile Claim or adverse meaning the original owner’s title is being denied when possession is taking place without his/her permission.
2. Actual Possession concept is that the owner is aware of the stranger’s occupancy. The act of trespassing cannot be secret.
3. Exclusive & Continuous Possession the trespasser cannot share possession with others and must be in possession of the land for an unbroken period of time.
How to Identify Property Boundaries
If you’re not sure, remember that every parcel of land which becomes the object of a sale, a lease, or the security of an obligation must be properly identified or described and are based originally on the field notes of a surveyor or civil engineer. Here are places that identify and describe property boundaries/lines:
- Deed an instrument in writing duly executed and delivered by the grantor that to the grantee some right, title or to real estate.
- Survey the process by which a parcel of land is measured, and its area ascertained.
- County recorder should have a record of records for the property, which is a public record.
Three California Adverse Possession Cases
In California, adverse possession occurs when a person who wants to claim someone else’s land must not only use it for at least five years, but they must also pay property taxes on it.
Dimmick v Dimmick 58 Cal. @d 417,421, 424 Cal.Rptr. 856 374 p. 2d. 824 (1962) Property was deeded to three sons but only one son farmed the land. That son sued for quiet title. The trial court ruled they had joined tenancy and the court of appeals didn’t change the ruling of the trial court.
James v. LeDelt 228 Cal. App 2d 474, 489 (1964)This case was a dispute over a 400 feet wide area plaintiff seeking removal of a cabin on the area in question. The trial court ruled for the defendant based on agreed boundary, adverse possession, estoppel, and laches. Judge concluded the plaintiff had no right, interest, or title in the disputed tract.
Madden V. Alpha Hardware & Supply Co. 128 Cal. App 2d 72, 75, (1954) A case about property, adverse possession, where plaintiff states they had possession for twenty years and paid taxes for ten years. The defendants appealed and the appeal Judge affirmed the order.
Protect Yourself from Los Angeles Squatters
A squatter is a person who occupies a property that does not own, rent, or has permission from the owner to legally occupy it. Squatters in California have rights and could take your property by adverse possession. It does happen, so know your rights and protect your property. Here are some suggestions:
1) Pay your taxes on time.
2) Make sure you keep your rental property filled with tenants.
3) Do not allow subletting, make sure it is clearly stated in the lease.
4) Hire a property manager to watch your properties when you cannot.
5) Make sure your property has a good security system.
Stone & Sallus are adverse possession disputes attorneys in Los Angeles. We are here to answer any question you might have.
As an expert in real estate law, with a comprehensive understanding of property rights and adverse possession, it's evident that this article addresses a critical issue faced by Los Angeles landowners. My expertise in this field is substantiated by my in-depth knowledge of legal principles surrounding adverse possession, as well as my familiarity with relevant cases in California.
Firstly, the article highlights the concept of adverse possession, emphasizing that it is a legal means by which someone can gain title to another person's property through continuous and hostile possession over a specified period. This method involves denying the original owner's title, and it's important to note that such claims are subject to certain conditions under California legislation.
The three essential elements mentioned in the article for a quiet title claim under adverse possession in California are:
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Hostile Claim: The possessor must assert a claim adverse to the owner's title.
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Actual Possession: The owner must be aware of the stranger's occupancy, and the act of trespassing cannot be secret.
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Exclusive & Continuous Possession: The trespasser must have exclusive possession of the land for an unbroken period of time.
The article also provides valuable advice on identifying property boundaries, emphasizing the importance of proper identification through deeds, surveys, and records maintained by the county recorder. This information is crucial for preventing adverse possession claims.
Furthermore, the article cites three California adverse possession cases to illustrate how the legal principles are applied in real-life situations. These cases, namely Dimmick v Dimmick, James v. LeDelt, and Madden v. Alpha Hardware & Supply Co., demonstrate the complexity of adverse possession disputes and the various factors considered by the courts.
The article extends its focus to the specific issue of squatters in Los Angeles, warning landowners about the potential risks and providing practical suggestions to protect their properties. This includes advice on paying taxes on time, keeping rental properties occupied, avoiding subletting, maintaining a clear lease agreement, and investing in a good security system.
In conclusion, the article serves as a comprehensive guide for Los Angeles landowners, raising awareness about the potential threat of adverse possession and providing actionable steps to safeguard their property rights. Stone & Sallus, mentioned in the article, are presented as legal experts in adverse possession disputes, offering assistance to those facing such challenges in the Los Angeles area.
