Q: I have been paying taxes for two in a RE partnership for over ten years without their knowledge. can I obtain title.
One died in 1997 and the other can not be located since 2001.
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Your question is not very clear, but it seems like you are asking whether you can get the property by adverse possession. It is rather difficult to qualify for adverse possession in California, because California law has more stringent requirements than other jurisdictions. The elements of adverse possession under California law are actual possession of the real property which is open, notorious, continuous and uninterrupted for five years, and which is hostile to the real property's owner(s), under color of title or claim of right, and payment of taxes for 5 years. Based on your description, it seems like you may meet the prong for payment of taxes, but you also need to meet all other prongs as these are conjunctive requirements. When a property owner passes away, her/his properties will be transferred based on the estate plan in place, or go through probate. If there are no beneficiaries or heirs, the property will escheat to the state pursuant to California Probate Code Section 6800. Be sure to consult your own attorney to protect your legal rights.
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