Claiming Adverse Possession of Rural Land in California

My question involves real estate located in the State of: California

Hey everyone,

My grandfather passed in 2002 and left behind 289 Acres in Central California in which he owned a 50% interest with a business partner. We have determined that there was no Joint tenancy and his name still remains on the deed.

In 2007, my grandfathers wife petitioned for probate with a forged will. My Mother then contested and after investigation into the validity of the will, my grandfathers wife basically gave up the probate process and disappeared. It is still an open case in the superior courts archives.

Also in 2007, my mother visted the property to take a look at it. It is just land with no houses or structures on it. At that time, she paid the 5 years back taxes on the property and since 2007, she has made every tax payment on time. She is in communication with the other co-owner of the property.

So as far as I understand, she has satisfied the property tax requirement for Adverse Possession. My question is, is it possible to prove that she satisfies the other 4 requirements in the law? Possession under claim of right; Actual, Open, Notorious occupation; adverse and hostile possession; and continuous possession for 5 years. Since its not feasible to actually live on the land, how else can it be occupied?

The goal here is for my mother to be able to get the title to my grandfathers 50% interest in the property without involving my grandfathers wife, whom we cannot locate nor do we feel is deserving of a share.

Thank you for any advice you can offer

Grandfather's wife would be entitled to an intestate share. Your mother has NOT satisfied the requirements for Adverse Possession. While you want to cheat your grandfather's wife out of her share, you can't do that.

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Quoting Ohiogal

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Grandfather's wife would be entitled to an intestate share. Your mother has NOT satisfied the requirements for Adverse Possession. While you want to cheat your grandfather's wife out of her share, you can't do that.

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Well i don't consider it cheating someone out of their share after she attempted to pass a fake will which cut my mother and her brothers out of inheritance but ended up getting caught. Thank you for the response though. The next thing will be locating her since no one knows where she is now...

In addition of the co-owner is aware of your intent and has granted permission to visit the land, that would be permissive use and you could never qualify as adverse possession.


Additionally you would have a claim only to land can claim actual possession of. I'm guessing you can't claim such on the whole 289 acres.

Then, to claim title you would have to sue for it. You would have to include the co-owner in your suit. You can't claim adverse possession of a 50% interest.

if you believe you have a VALID claim to a share why not continue the probate process.

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Quoting histandards

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Well i don't consider it cheating someone out of their share after she attempted to pass a fake will which cut my mother and her brothers out of inheritance but ended up getting caught. Thank you for the response though. The next thing will be locating her since no one knows where she is now...

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Two wrongs don't make a right. And if you had PROOF that SHE forged the will, was it reported to the authorities?

You stated it is just open land..this isn't Actual, Open, and Notorious Use of it. Are you also trying to claim it away from the co-owner?

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Quoting Ohiogal

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Two wrongs don't make a right. And if you had PROOF that SHE forged the will, was it reported to the authorities?

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The will is on file with the court. An investigator was hired to help us prove the will was forged and they concluded that the witnesses that signed it could not be located and the notarization was invalid. Im not sure how to proceed any further on that.

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Quoting Cocoabean

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You stated it is just open land..this isn't Actual, Open, and Notorious Use of it. Are you also trying to claim it away from the co-owner?

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No absolutely not. We'd eventually like to work with the co-owner to develop the property.

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Quoting jk

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In addition of the co-owner is aware of your intent and has granted permission to visit the land, that would be permissive use and you could never qualify as adverse possession.


Additionally you would have a claim only to land can claim actual possession of. I'm guessing you can't claim such on the whole 289 acres.

Then, to claim title you would have to sue for it. You would have to include the co-owner in your suit. You can't claim adverse possession of a 50% interest.

if you believe you have a VALID claim to a share why not continue the probate process.

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we do have valid claim to a share but we also cannot locate my grandfathers wife either. I guess the next step is we will petition to administer the estate.

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Quoting histandards

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we do have valid claim to a share but we also cannot locate my grandfathers wife either. I guess the next step is we will petition to administer the estate.

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to further the discussion a bit;

is this property your grandfather owned prior to the marriage to his wife in this question?

was there any marital money paid into the purchase or upkeep of the property

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Quoting jk

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to further the discussion a bit;

is this property your grandfather owned prior to the marriage to his wife in this question?

was there any marital money paid into the purchase or upkeep of the property

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yes it was owned prior to their marriage.

I do not think anything was ever done with the property since it was purchased in the 80s, so i believe the answer is no

Thank you all for the replies so far.

It sounds like he maintained it as separate property then but the true determination is based on the facts at hand.

That will make a difference for probate purposes.