Sacramento, CA asked in Real Estate Law, Probate and Estate Planning for California

Q: I would like to take adverse possession of an abandoned property. Where should I start as far as legal process goes?

The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there. The owner is deceased. I have mail soon to be delivered there and I plan to pay property taxes in 2 weeks.

2 Lawyer Answers
Howard E. Kane
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Answered

A: Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an adverse possession action.

James L. Arrasmith
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Answered

A: To start the process of adverse possession in California, you need to meet specific legal requirements, including continuous possession of the property for at least five years, paying property taxes, and openly occupying the property without the owner's permission. It’s important to document everything carefully, including your maintenance of the property, your attempts to pay taxes, and any physical improvements or usage you make.

Given the neighbors' interference, you may want to inform them that you are attempting to lawfully claim the property through adverse possession. It may also help to get legal advice on how to best handle conflicts with neighbors while ensuring your possession remains continuous and uninterrupted.

Before moving forward, continue documenting all actions you take. Paying property taxes will be a crucial step, but be sure to follow the legal process closely to avoid future challenges to your claim.

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