ADVERSE POSSESSION

"Adverse possession is the acquisition of title to real property by continuous possession for the prescribed period of time. It is distinguished from prescription, which is the method of acquiring a right of use, such as an easement by using it for the same period of time." 5 California Real Estate 2d 629, et seq. (Miller & Starr, 1989). Interestingly, a person's right to acquire real property by adverse possession begins with the wrongful occupation of another person's property.

The "'underlying philosophy [for the doctrine of adverse possession] is basically that land use has historically been favored over disuse, and therefore he who uses land is preferred in the law to he who does not, even though the latter is the rightful owner.' [Fn. and citation omitted] Hence our laws of real property have sanctioned certain types of otherwise unlawful taking of land belonging to someone else, while, at the same time, with respect to other types of property have generally taken a contrary course." Warsaw v. Chicago Metalic Ceilings, Inc., 35 Cal.3d 564 at 575. I do not recommend that one trespass on another's property. You may be liable to the true owner for money damages for your wrongdoing.

THE FIVE BASIC REQUIREMENTS TO CLAIM TITLE TO ANOTHER'S LAND

1) Possession must be held either under a claim of right or color of title;

2) Possession must be actual, open, and notorious occupation of the property in such a manner as to constitute reasonable notice of that occupation to the record owner;

3) The occupation must be both exclusive and hostile to the title of the true owner;

4) Possession must be continuous and uninterrupted for at least five years; and

5) The occupier must pay all taxes assessed against the property during such five-year period.

See California Code of Civil Procedure Sections 318 et seq.

CAVEAT: Please consult an attorney for legal advice. Laws in the United States differ from one jurisdiction to another. Any law stated herein is for educational purposes only and may not apply to your particular circumstance.

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