ExpertLaw.com Forums

Adverse Possession in California

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 08-23-2010, 04:10 AM
    lilywitch
    Adverse Possession in California
    I am attempting to go for an adverse possession of the apartment complex my family and I reside. The other units are vacant and have been for a while. The owner has abandoned the property after two banks have tried to foreclosed on the property and have been gone almost 2 yrs. The property has been neglected and is in extremely poor shape. I want to take control of the property, make the repairs and claim the rights to the title of this property.
    I believe my possession of the property is considered hostile. Yes, I was given permission to live here IN THE BEGINNING. I believe that lease has been breached since the owner has refused to maintain this property in any way and I have stopped paying rent (almost 2 yrs now). However, I am paying ALL utilities and continue to make repairs and maintain the property as best I can.
    What I want to know is, what hindrances will have I due to the fact that I was a tenant? What options do I have in regards to potential foreclosures or tax sales? Is there anything I'm overlooking?

    Your help is greatly appreciated. Thank you.
  • 08-23-2010, 08:01 AM
    eapls2708
    Re: Adverse Possession in California
    Since you entered the property as a tennant and were paying rent, you are still a tennant, just not a paying one.

    I doubt this is a matter of AP, but see an attorney about what other means might be available to you. If it is abandoned, it is likely that the property taxes have not been paid, unless the banks have been covering it to protect whatever investment they still have.

    If there are outstanding mortgages, and depending upon your financial means, they will either be a hindrance or a help. They don't want to lose their investment. If you have a reasonable likelihood of being able to successfully manage the complex and pay the mortgage, they may prefer that to letting it languish as an unproductive asset.

    If you don't have those financial means, your just living rent free, probably shouldn't rock the boat, and should be ready to move for the time that the banks finally figure out what to do with the property.

    Good luck.
  • 08-23-2010, 04:05 PM
    lilywitch
    Re: Adverse Possession in California
    If the tenancy will be an issue, I believe I have a solution for that.
    BUT, this isn't a matter of rocking the boat. I've already put money into the property just to make the unit livable. I have already contacted the bank, city governments and police department in an attempt to get their assistance in fixing up the place. The nature of the property as it stands is encouraging vagrants and junkies to break and enter onto the property. This is a statement of fact. We've chased enough of them out of the garage and off the property. The problem needs to be addressed not brushed under the rug.
  • 08-23-2010, 04:26 PM
    jk
    Re: Adverse Possession in California
    california requires payment of property taxes for a claim of adverse possession.




    Quote:

    What options do I have in regards to potential foreclosures or tax sales?
    if they foreclose, you lose. If the gov sells it for taxes, you can bid on it just like everybody else.


    Quote:

    what hindrances will have I due to the fact that I was a tenant?
    until the landlord attempts to evict you, you are there by permission, even if you are not paying rent. He allowed you to be there and whether he charges you rent or not, you are there by permission until told otherwise.
  • 08-23-2010, 04:59 PM
    lilywitch
    Re: Adverse Possession in California
    I am aware of the property tax requirement but haven't yet figured out how to find out if the owner is still paying on it or not.

    And the owner has placed 3 pay or quit notices on me but once I got the city involved, the owner backed off and disappeared.
  • 08-23-2010, 05:16 PM
    jk
    Re: Adverse Possession in California
    Quote:

    Quoting lilywitch
    View Post

    And the owner has placed 3 pay or quit notices on me but once I got the city involved, the owner backed off and disappeared.

    but he hasn't evicted you which is what he would have to do to legally require you to move. Until that time, you are there legally.
  • 08-23-2010, 05:20 PM
    justtoonice
    Re: Adverse Possession in California
    Quote:

    Quoting lilywitch
    View Post
    I am aware of the property tax requirement but haven't yet figured out how to find out if the owner is still paying on it or not.

    Search online for your county's property appraiser or tax collector. Many counties show property tax information online.
  • 08-23-2010, 05:47 PM
    lilywitch
    Re: Adverse Possession in California
    Thank you. That's what I needed to know.
  • 08-23-2010, 05:51 PM
    LandSurveyor
    Re: Adverse Possession in California
    Once your occupation becomes hostile (it hasn't yet as you have not been evicted) you will need to adversely possess and pay taxes, uninterrupted, for five years.

    If the owner or lienholder comes along after four years and 364 days and asserts possession, or gives you permissive use, you are back at day one and all of your improvements are lost.
  • 08-23-2010, 07:35 PM
    lilywitch
    Re: Adverse Possession in California
    In regards to tenancy and permission...

    Will it be considered hostile if I took over a vacant unit?
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 09:23 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved