Question
on abondoned real estate where the owner has died and there is no one found on title search, and there are no clouds, do you still have to file quiet title and post in local paper, or will an Adverse Possession be enough
Answer
Move in, put your name on the mailbox, pay the property taxes, live there, and pray hard for four years. Scan or save your utility bills and tax receipts offsite. After four years, if you are that lucky, file a lawsuit for quiet title.
Answer
It is not exactly as simple. I have helped clients with adverse possession, including quieting title successfully after the requisite time, and am very familiar with these issues. You may send me an email, or take a look at the adverse possession section of my website for more information.
Best,
Daniel Bakondi, Esq.
[email protected]/* */
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
Answer
I disagree. If you are talking about a house, when you go into the house you are guilty of breaking and entering. How can you meet the elements of adverse possession when there is no one claiming ownership. After a while, the assets of the former owner escheat to the State and there is no adverse possession against the government. At some point, someone will probably try to take the house away from you. What greater rights do you have to the house then someone else who just walks in off the street.
Answer
There is no such thing as "abandoned" real property in California, according to the Supreme Court. I can't cite the decision at the moment, but it is to the effect that "someone" owns all real property in California.
Next, Mr. Stone is wrong when he says four years. Adverse possesion takes five years. After the five years is up, and you have been in continuous, open and notorious, and adverse possession of the property and paid the taxes all that time, you can then file a suit to quiet title in yourself. Every conceivable person who might claim an ownership interest must be determined, named as a defendant, and served. It isn't easy or cheap.
The meanings of terms in the adverse possession law are somewhat technical. For example, being "in possession" continuously for five years doesn't mean you can't take a trip to the grocery store without interrupting the continuity.
I would consider it extremely risky to try to establish ownership of urban property that seems to be "abandoned" by adverse possession. Among other things, the record owner may reappear in the 59th month and have you arrested for trespass. Bye-bye, four years of tax payments!
