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  1. #1
    Join Date
    Feb 2020
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    2

    Post How Do I Acquire Squatters Rights

    My question involves real estate located in the State of: California
    I am living in a property that my uncle left to me and my daughter but we never recorded the title to me because I didn't know what to do. He left a letter saying he wanted me and my daughter to have the house because he wanted us always to have a place to live. We had been living in the house for over 7 years when an officer came to the door and told me to vacate the house. He showed me the deed from someone
    named Jessica. When I looked at the deed i saw that mu uncle could not have signed the deed because he had been dead 5 years before it was signed. i showed the officer his death certificate and the officer
    took Jessica to jail and we remained in the house. Now I don't know what to do to get the house in my name and out of Jessica's name (or my uncle's name). Jessica paid the past due taxes and the officer said I have to pay her back and the officer suggested that I acquire title by squatters rights. What is the best way to handle this? How do I get title?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,610

    Default Re: How Do I Acquire Squatters Rights

    Quote Quoting msdisazter
    View Post
    What is the best way to handle this? How do I get title?
    Hire a lawyer.

  3. #3

    Default Re: How Do I Acquire Squatters Rights

    Quote Quoting msdisazter
    View Post
    My question involves real estate located in the State of: California
    I am living in a property that my uncle left to me and my daughter but we never recorded the title to me because I didn't know what to do. He left a letter saying he wanted me and my daughter to have the house because he wanted us always to have a place to live. We had been living in the house for over 7 years when an officer came to the door and told me to vacate the house. He showed me the deed from someone
    named Jessica. When I looked at the deed i saw that mu uncle could not have signed the deed because he had been dead 5 years before it was signed. i showed the officer his death certificate and the officer
    took Jessica to jail and we remained in the house. Now I don't know what to do to get the house in my name and out of Jessica's name (or my uncle's name). Jessica paid the past due taxes and the officer said I have to pay her back and the officer suggested that I acquire title by squatters rights. What is the best way to handle this? How do I get title?
    Acquire ownership by "squatter's rights"? Sorry, but you'd be out before reaching the plate. Why? For one because of the following:

    "In no case shall adverse possession be considered established under the provision of any section of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years during which the land has been occupied and claimed. Payment of those taxes by the party or persons, their predecessors and grantors shall be established by certified records of the county tax collector." Subsection (b) of Section 325 of the California Code of Civil Procedure.

    And if you are thinking that by reimbursing Jessica for the taxes you could qualify? Forget it! The statute reads "timely paid" by the "party" - meaning the "party" claiming title by adverse possession!

    Secondly, not only have you admittedly not paid the real property taxes, you state that your occupation of the property was with the then owner's consent. Consequently your use of the home cannot be said to be hostile and adverse to the property rights of the owner. Thus there is absent another essential element in order to acquire ownership by such means.

    My suggestion is that you consult a local attorney regarding the status of your late uncle's estate. Maybe there is a peg for your hat there.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,699

    Default Re: How Do I Acquire Squatters Rights

    Quote Quoting msdisazter
    View Post
    My question involves real estate located in the State of: California
    He left a letter saying he wanted me and my daughter to have the house because he wanted us always to have a place to live.
    That letter may be considered a holographic will under CA law and depending on the facts.

    6111.
    (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.

    (b) If a holographic will does not contain a statement as to the date of its execution and:

    (1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.

    (2) If it is established that the testator lacked testamentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.

    (c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testatorís own handwriting or as part of a commercially printed form will.


    (Amended by Stats. 1990, Ch. 710, Sec. 13. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
    Take the letter to an attorney. You may have inherited the house.

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