Adverse possession is a legal concept that allows a trespasser to gain title to real property of another if several factors (discussed below) are present. The rationale underlying adverse possession law is that the rights of a non-owner who is making good use of the property trump those of a property owner who neglects the land. Every state, including California, has adverse possession laws, and they all require that a trespasser meet stringent requirements to acquire title to property under this legal theory.

What Qualifies as an Adverse Possession?

California law specifically requires the following to establish title by adverse possession:

• Possession or occupation of the property must be held under either a “claim of right” or “color of title”. Occupation under “claim of right” means that the trespasser enters and occupies the property with the intent of taking ownership of it, while occupation under “color of title” means that the trespasser has a defective document purporting to give her ownership of the property.

• The occupation is so actual, open and notorious that the record owner is under reasonable notice of the occupation. The trespasser must actually occupy the property and must do so in an open and notorious way. This may mean erecting structures, fences, and the like depending on the particular facts of the case.

• The uninterrupted and continuous possession must occur for at least five years straight. If the trespasser leaves the property before five years pass, the possession has stopped and adverse possession cannot be established. The same result follows if the owner finds out about the trespasser and takes action to end the occupation before the end of the five years.

• The trespasser must pay all taxes levied and assessed against the property during the five-year period.

Obtaining Title by Adverse Possession

A person occupying land adversely does not automatically acquire title to the property if all of the above requirements are met. Instead, the trespasser must take steps to obtain actual title to the land once the adverse possession period has passed.

In California, proper procedure involves filing and prosecuting a successful action to “quiet title”. This is formal litigation against the owner of record filed in the county where the property is located, seeking to establish all the elements of adverse possession. If the court rules in the trespasser’s favor, it will enter a judgment that the property belongs to him or her.

Overcoming Adverse Possession Claim With Action to Quiet Title

What should you do if you spot someone living or encroaching on your property? You should first speak with the person and ask that he or she remove all structures from, and refrain from entering onto, your property. If that doesn’t work you will need to take the next step and file a quiet title action against the trespasser. You’d be asking a California state court judge to issue an order declaring that you, and not the trespasser, are the true owner (and title holder) of the land. Help on any of these issues is just a click or phone call away.

Please contact Lynx Legal Service at [email protected] or 888-441-2355. Our experienced eviction specialists are standing by to answer any inquiries you may have.