Law

Asked • 05/24/19

Adverse Possession as a Landlord

Hypothetically, lets say in California, someone took over a piece of property with the intent to take it over with adverse possession. I believe the rule for adverse possession in California is: ​ A trespasser is entitled to legal ownership of property if his occupation of the property is hostile, actual, open and notorious, exclusive and continuous for a period of years set by state statute. (We explain each of these terms below.) Some states, such as California, also require the trespasser to have paid the local property taxes on the land.(1) The time required, which varies from state to state, is usually twenty years. It can be as short as five years when the trespasser pays the property taxes. ​ Okay, so let's say someone fences in a neighboring space that is owned by the city. The fenced in area becomes part of the side-yard of the adverse possessor. After four years of dominating the property, the adverse possessor rents out his house for one year. ​ Question: After the fifth year, could the adverse possessor pay the property tax and take ownership? What about the one year renting it out - is it still count as control? Do the property taxes just have to be paid at the end of the fiver year or each year when it happens?

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