Q: In a adverse possession, when exactly does the statutory period start? if you pay back taxes are you considered in posse
In a adverse possession, when exactly does the statutory period start? if you pay back taxes are you considered in possession during those previous years ? or does the period start the moment you file the lis pendes?
A: Paying taxes on property that your are claiming title by adverse possession is only one of the elements of an adverse possession claim. You must be able to also show the possession is adverse, open and notorious, continuous and hostile (meaning not authorized by the real owner) for the statutory period in order to be able to establish a claim of title based on adverse possession.
A: The possession must be hostile, actual, open and notorious, continuous and exclusive for the statutory period. I believe California requires 5 years of property tax payments. Just paying the back property taxes may not be sufficient if other requirements are not not met.
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