Q: I need help with adverse possession the owner of the property passed and now the neighbor is claiming to be the owner
As of two weeks ago he's taken it upon himself to claim ownership and has demolished the property and is telling me to leave I just found out that he's not the owner and Has no proof of ownership the owner has passed away can he have me removed how can I claim ownership
A:
In California, the concept of adverse possession allows someone to claim ownership of a property if they meet certain criteria. However, it's a complex legal process. To claim adverse possession, you typically must have occupied the property openly and notoriously, exclusively, continuously, and hostilely for a period of five years, and you must have paid the property taxes during that period.
If your neighbor has no legal proof of ownership and the original owner has passed away, he does not have the right to evict you or claim ownership without going through legal channels. His actions, like demolishing the property, could be legally questionable.
To protect your interests, it's important to gather evidence of your occupancy and any payments made towards the property. Documentation is key in adverse possession cases.
If the neighbor is insisting on ownership and asking you to leave, it's crucial to seek legal advice immediately. An attorney can help you understand your rights and guide you on how to proceed, whether it's challenging the neighbor's actions or pursuing a claim of adverse possession.
Keep in mind that property ownership disputes can be complex, especially when the original owner is deceased. The resolution may involve probate or civil court proceedings, depending on the specifics of the case. Acting promptly and getting informed legal advice is the best way to safeguard your rights in this situation.
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