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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38185
Experience:  16 years real estate, Realtor. Landlord 26 years
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Adverse possession. For 10 years I have used a portion of

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Adverse possession. For 10 years I have used a portion of land adjacent to mine. I built a garage, chicken coop and wood shed on the land. County Assessor came out and re-assessed "my" property to include the structures on the neighbor's property and I have paid those taxes for 7 years. Neighbor has been absent for 10 years. Does this meet the payment of taxes obligation for CA adverse possession? This is very, very rural property. No fence. I have also maintained a road that runs through this portion of both properties. There are no boundary monuments.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Neighbor appeared today with surveyors after 10 yrs absence

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Does this meet the payment of taxes obligation for CA adverse possession?

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In California the period of time for adverse possession must be at least five (5) years. The claimant of an easement by adverse possession must also pay the taxes due for the five (5) year period if it has been separately assessed. California CC 318, 325, and 328
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So based on your comments, if you have used and paid taxes on the land over 5 years, then you meet the legal requirements for adverse possession if you have been in sole possession of it.

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thanks

Barrister

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