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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?

Attorney Answers 3

  1. 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.

  2. 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

    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.

  3. 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.

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