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What forms do I need to file in court about land by adverse possession or relative hardship doctrine?

Walnut Creek, CA |

Dispute over the part of our parking lot. It encroaching on neighbor land 67sq. Ft. .It had been built long before we bought the house total more than 15 years.. Now neighbor demand it back.The problem is that parking lot mostly a slop greater than 30%. And without this part our car will be standing partially on the slope. there even was accident before when it didn't have this part .Child had been killed by car which drove down. I decide to file in court ( California, Monterey county) about this situation to get this small part by adverse possession or relative hardship doctrine. But I do not know which forms I should use.And other question is -can this neighbor demolish this parking lot before court decision?

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Attorney answers 3

Posted

This is not an issue of adverse possession nor one of "hardship," either. But other doctrines may apply. You need an attorney for this.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

Dear Christine, I am asking about the forms- nothing more. Do you know what forms can be used or you do not know this- what is the question.

Posted

It sounds like you may have a claim for a prescriptive easement: an open use for five years or more, under a claim of right and adverse to the owner. This is not a do-it-yourself project - there are no 'forms' for this kind of action. You need to consult with a real estate attorney.

Richard A. Rodgers, Esq.
(805) 230-2525
200 N. Westlake Blvd. Ste 201
Westlake Village, CA 91362
rar@sd-attorneys.com
www.sdresq.com

As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.

Richard Alan Rodgers

Richard Alan Rodgers

Posted

p.s. - there is no adverse possession action here unless the parking lot area has a separate tax bill that you paid for the past five years.

Asker

Posted

Actually I do not ask for advise what is it-I know what it is I've consulted lawyers. I am asking only what form do I need to do it myself.

Richard Alan Rodgers

Richard Alan Rodgers

Posted

There are no forms for this and the attorneys you consulted should have told you that. Good luck.

Asker

Posted

Thanks- that's it I wanted to hear from the begining.

Asker

Posted

and do you know anything about my second question?

Richard Alan Rodgers

Richard Alan Rodgers

Posted

You're welcome - BTW, I answered your question about forms in my first answer to you, above.

Richard Alan Rodgers

Richard Alan Rodgers

Posted

"Can" but shouldn't. There seems to be knowledge of a disputed property improvement, and if you prevail at trial, the neighbor would be liable for damages to you. You need to get a restraining order - and there are no forms for this type of restraining order.

Asker

Posted

actually I just found out that you were wrong- there is form which should be filed - it is Civil Case Cover Sheet- you didn't know about it or didn't want to tell ?

Richard Alan Rodgers

Richard Alan Rodgers

Posted

Congratulations. I, and all attorneys, attach Civil Cover Sheets to all complaints, as required by court rules. But that form does not state a cause of action - it is not a complaint.

Posted

To acquire property by adverse possession in a hostile manner and maintaining possession of the property, you have to show that you pay taxes on the property. In all likelihood, it appears you have not been paying taxes; therefore, adverse possession is not a workable formula. There are other possible theories regarding easements, including relative hardship doctrines, which are very complicated areas of the law. You are not going to find any simple form to file with the court, and you really should seek out and retain competent experienced real estate legal counsel in your County. The legal practice is somewhat analogist to the medical profession in that if you need heart surgery or brain surgery you can’t ask for simple advice or look in a textbook in an attempt to perform the surgery. If you attempt to pursue your legal remedies in pro per, this may not be appropriate in regard to the particular factual circumstances you are dealing with.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Asker

Posted

as I stated before I know about hardship doctrine, but not all lawyers know about it- when we consulted with lawyers all they were concerned was money not results, and as I said before they even didn't know about this doctrine, I had to research it myself. So as in surgery not all surgeon can do it. Better I do it myself and get it wrong than some lawyer who does not know anything will do it for outrages price.

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