There have been an unusual number of adverse possession related news articles in the past few weeks. This stems from the criminal case in Fresno where a number of people are alleged to have been caught up in a fraudulent scheme to obtain title to real property based on adverse possession theories.
In reading the articles in various news publications, they seem to downplay the fact that in certain instances adverse possession can occur. Of course, the difference with the Fresno case is that there is a criminal case with alleged false representations by the adverse possession claimants to fraudulently attempt to show that they had met the adverse possession elements. One of the newspaper articles I read referenced the adverse possession laws being arcane and there is a perception that the rights established by adverse possession in general are somehow not legitimate. This is not the case. The Fresno case has the distinction on the claimants’ rights being based allegedly on false evidence.
Adverse possession is not an antiquated or arcane law. In fact, I tried a case on adverse possession in the Los Angeles County Superior Court this past July and August. The law itself does date back into the 1800s but it does have modern application. If you keep in mind the policy behind adverse possession it makes sense. The idea is that real property should not be left unattended and not checked on for years. In other words, if you do not look after your own property, abandon it, fail to pay the taxes on it and do nothing about someone making an adverse claim to it, then it makes sense that title to the property should pass to the person taking care of the property.
Our Los Angeles Adverse Possession attorneys have real experience with adverse possession cases. We are one of the very few law firms in the State of California that have successfully taken an adverse possession case trial. For more information on your adverse possession claim or defense please contact us at 310-954-1877, www.schorr-law.com, firstname.lastname@example.org.