Adverse Possession

Southern California and San Diego County Real Estate Attorney

Have you been caring for a parcel or portion of property for more than 5 years? How does a land owner claim or take over the rights to land they have been caring for over a period of years? In California this is known as “adverse possession”. There are several issues to consider when you are interested in claiming title to land presently owned by another due to abandonment or neglect.

Each situation is unique, and it is important to consult with an experienced and proven North County San Diego Real Estate attorney to understand your rights. The question at hand will usually relate to what is known as “Open”, “Notorious” or “Hostile” conditions for the property in question. Basically, the owner had to know about the situation, and took no action to correct it or protect their interest. One example is the payment of property taxes. If you have been paying the property taxes on a parcel it is very possible to file an adverse possession lawsuit to seek outright title and ownership of the property.

Protect Your Property from Unwanted Adverse Possession Action

The State of California has warned property owners to be vigilant in protecting their property rights. Trespassers need to be dealt with, and there are several legal remedies available to California property owners. In many cases, people are simply unaware of the encroachment they have made on another’s property. A garage or outbuilding may be inadvertently constructed across property lines, or a fence may be misplaced. If you believe someone has “crossed the line” and may be encroaching on your property or trespassing it is important to take quick action to preserve your rights and ownership.

In order to gain title in adverse possession, there must be a physical possession of the land and someone must have treated it and maintained it as if they were the owner. It is not enough to simply give notice or send some other written form of communication. These can be complex title, survey and contract related issues and it is important to have sound and experienced legal counsel. Timeframes can be as short as 5 years, or as long as 20 years depending upon the unique circumstances surrounding the dispute.

Contact an Experienced Real Estate, Title, Survey and Adverse Possession Lawyer

Have you spent the money to repair or maintain a structure or parcel of land? Have you been paying property taxes on property you have been actively in possession of and wish to pursue legal title and ownership? Do you believe that someone has inadvertently or purposefully encroached upon your land or rights?

Protect your legal and financial interests, and regain your peace of mind. At the Sterling Law Group, you have direct access to an attorney with more than 23 years experience in real estate, boundary dispute and adverse possession litigation matters. Randall Sterling will meet with you personally to gain a comprehensive understanding of your unique circumstances. He will help you to understand the options available to you, and work to resolve the legal issues you are facing.

To arrange an initial free consultation with a San Diego real estate and boundary dispute lawyer, please call at 858-376-1728 or you can reach the firm by e-mail at your convenience. Evening and weekend are appointments available.