Expert: Dick Dennis - 8/15/2006

Question
To claim adverse possession, California law requires "the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, State, county, or municipal, which have been levied and assessed upon such land."

If one took adverse possession of a property in the year 2000, and he paid all of the taxes due in 2006, including over ten years of back taxes, has he met California's requirement regarding payment of all the taxes, or must he continue to pay the taxes for four more years before the requirement is met?


Answer
You left out, "hostile and open," Jim. That's why you may see a wire or temporary fence across the access of a property for at least one day a year. It is to take care of the "hostile and open" requirement.

You must pay the property taxes (all of them, whatever they may be), continuously occupy or use the property openly and without permission for five continuous years. You cannot clandestinely pay the taxes and say that you occupied the property for five years. A good example of occupying the property openly and without permission would be moving into the property without permission of the owner, sending the owner a registered letter saying that you have occupied the property and that you have been paying the property taxes. Another example would be to build a house on an empty lot with the proper permits. The permits must be posted on the property. So, therefore you have satisfied that requirement . . . providing it is for five years.

If you get no response to the contrary, then you have a good chance of obtaining your goal. Just make sure a real estate attorney fills out the property paperwork for you to make sure you have not skipped anything. Yeah, you're right. It is not so easy.

I do wish you well.

Dick Dennis            dixiedee13@aol.com