Estate Planning Is Not For The Rich; It Is For The Wise

You Need To Understand Your Rights With Adverse Possession

Have you been caring for a parcel or portion of property for more than five years? How does someone 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 that land’s abandonment or neglect.

Each situation is unique, and it is important to consult with an experienced and proven 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 property taxes on a parcel, it is very possible to file an adverse possession lawsuit to seek outright title and ownership of the property. You can come to our firm, The Sterling Law Group, and talk to our founding attorney, Randy Sterling, to get an idea of what your options are and how he can help you.

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 five years or as long as 20 years depending upon the unique circumstances surrounding the dispute.

Contact An Experienced Lawyer You Can Rely On

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 you 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 The Sterling Law Group, you have direct access to our founder, an attorney with more than 35 years of experience in real estate, boundary dispute and adverse possession litigation matters. Randy 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 us at 858-500-1043, or you can reach us by email at your convenience. Evening and weekend appointments are available. Home and hospital visits are available upon request.