How To Prove A California Adverse Possession Claim
In California, a claim of Adverse Possession is defined as:
The doctrine that enables a person in open, continuous and active possession of a property, under the ownership of another party, to acquire valid title to land after a defined amount of time has passed.
It simply means:
A party can acquire property that isn’t legally theirs, without paying, if they have openly occupied for a certain length of time.
There are 4 elements of the claim:
- Element 1. A party had actual occupation of property under circumstances that can reasonably serve as notice to the owner. A party can claim ownership of a property through adverse possession if they have been using it openly and continuously, in a way that the original owner could reasonably notice, such as living there or making improvements, without the owner’s permission for a certain period.
Facts that might support this element look like:
* The party maintained a visible fence around the property, clearly demarcating their claimed boundaries for over ten years.
* The party regularly landscaped the property, including mowing the lawn and planting flowers, which was observable by neighbors and passersby.
* The party hosted gatherings and events on the property, inviting friends and family, thereby demonstrating exclusive use and control.
* The party paid property taxes on the land for several consecutive years, indicating a claim of ownership.
* The party made significant improvements to the property, such as building a shed and installing a driveway, which were apparent to the original owner. - Element 2. The possession of the land was hostile to the existing owner’s title, without the owner’s permission. This means that someone is using or occupying a piece of land without the owner’s consent, and their presence is in direct conflict with the owner’s rights to that property.
Facts that might support this element look like:
* The claimant openly occupied the land for over 10 years without any communication or permission from the existing owner.
* The claimant made significant improvements to the property, demonstrating an intention to possess it as their own.
* The existing owner was aware of the claimant’s use of the land but took no action to assert their rights.
* The claimant maintained exclusive control over the property, preventing the existing owner from accessing it.
* The claimant paid property taxes on the land, further asserting their claim of ownership without the owner’s consent. - Element 3. The occupier of the property made a claim upon the property either by claim of right or under color of title (an instrument that shows the right of legal possession e.g. A title). To successfully claim adverse possession, the person must show they have taken control of the property, either by asserting their right to it or by having a legal document that suggests they own it, like a title deed.
Facts that might support this element look like:
* The occupier has continuously maintained the property for over 15 years, demonstrating a claim of right through consistent use and care.
* The occupier possesses a recorded deed that outlines their legal ownership of the property, establishing color of title.
* The occupier has paid property taxes on the land for the past decade, reinforcing their claim of right to the property.
* The occupier has made significant improvements to the property, such as building a fence and landscaping, indicating a claim of ownership.
* Neighbors have acknowledged the occupier’s claim to the property, further supporting the assertion of legal possession under color of title. - Element 4. The occupier possessed the property continuously without interruption for at least five years. To claim ownership of a property through adverse possession, the person must have lived on and used the property without any breaks or challenges for at least five years.
Facts that might support this element look like:
* The occupier has maintained a visible presence on the property, including regular landscaping and maintenance, for over five years.
* The occupier has paid property taxes on the land for the last five consecutive years, demonstrating a claim of ownership.
* Neighbors have consistently recognized the occupier as the owner of the property during the past five years.
* The occupier has made significant improvements to the property, such as building a fence and installing a shed, over the last five years.
* The occupier has openly used the property for personal activities, such as gardening and hosting gatherings, without any objections from the true owner for five years.
(See Nielsen v. Gibson, 178 Cal. App. 4th 318 (C.A. Court of Appeals 2009).)
If you’re in court without a lawyer and plan to assert a Claim of Adverse Possession, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal process effectively.
Prove Your CA Adverse Possession Claim
U.S. Civil Cases Only