I live and paid taxes for past 5 years on the property I live in the family of deceased owner now has tried to contact me due to probate I was told by a management co. Representing them .i plan on filling on them for adverse possession is that what I should do please comment thank you so much in advance.
If you can prove to the court that you have complied with each of the following elements, your claim for adverse possession is valid:
1. A hostile claim: This means the occupier must be on the land either by mistake (an incorrect deed), with knowledge that they are trespassing, or simply on the land without knowledge of its actual ownership;
2. Possession: The person occupying the property must actually, physically be present on the land and taking care of it;
3. Open and Notorious: In other words, the occupier is making no attempt to hide their occupation;
4. Exclusive and Continuous: The person making the claim has solely occupied the property for an unbroken period of time, 5 years in CA.
Properly presenting your claim in the appropriate court will require the assistance of experienced legal counsel. Find/consult/hire a lawyer in your area using the Avvo feature "Find a Lawyer". Make a list of 4-5 having many 5 star reviews from satisfied clients. If you don't get a prompt call back from one, go on to the next on your list. Some offer a free consultation by phone or in person. Take us up on it.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have been practicing law since 1976 serving thousands of clients with successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case. Follow up questions are invited. You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
Adverse possession has many elements. The most important is “adverse”. Just because you paid the taxes doesn’t mean you have been there without the knowledge and consent of the owner. You may be entitled to be compensated for the taxes you paid but not necessarily ownership of the property. Review the facts directly with an attorney to determine what rights you may have.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline