On August 13, 2012, I taped an episode of the Dr. Phil show after the show asked that I be on the show as a featured real estate attorney expert to talk about an Adverse Possession matter that Dr. Phil’s guests faced. Dr. Phil’s guests were a family from Colorado whose home was taken over by people who were essentially squatters. The people recorded a so called deed of adverse possession after entering the Colorado family’s home during the time period when the Colorado family had relocated to Indiana.
In general terms, adverse possession is still a rather obscure legal phenomenon in which non-owners of real property are able to establish ownership rights in real property through continued use. In California the basic elements of adverse possession are:
1. Possession must be held under either a claim of right or color of title.
2. There must be actual, open, and notorious occupation of the premises in such a manner that constitutes reasonable notice to the record owner.
3. Occupation must be both exclusive and hostile to the title of the true owner.
4. There must be uninterrupted and continuous possession for at least five years.
5. The possessor must pay all of the taxes levied and assessed on the property during the five-year period
As you can see these elements are hard to meet. The big factor is general the five year period and the payment of all taxes and levies.
For more information on your real estate matter contact us at Schorr Law, APC. www.schorr-law.com, 310-954-1877