successful adverse possession cases in california

App. Safwenberg v. Marquez (1975) 50 Cal.App.3d 301, 309. Defendants GOAL LINE PROPERTIES, LLC; RICHARD BARON; and STEPHEN DYNERs motion for judgment on the pleadings is GRANTED without leave to amend in part, and DENIED in part. The dictum in Marsicano v. Luning, 19 Cal. App. constituting the adverse possession.] Adverse possessors may have their claims validated by judges and then entered on the title to the land. App. California 90067 Telephone: (310) 954-1877 Text: (323) 487-7533 . We noticed that you're using an AdBlocker. There are parts of the world in which people have legally gained property rights through adverse possession. Because under Sorensen adverse possession may be established by evidence that possession was based on mistake, it is apparent that rejection of the mistaken possession may not be based on speculation that the possessor might not have occupied the land had he known of the record title. It has no application to a situation where the deed describes none of the land possessed by the claimant's predecessor and the predecessor has transferred possession and attempted to transfer title to all of the land that he possessed. Unlike the adverse possession doctrine, the statutes are not predicated upon length of occupancy. The land was in possession of tenants of Nicholas and Josephine Kadas in March, 1940, when they executed a deed in favor of respondent, Ernest T. Sorenson, likewise describing adjoining land. In the present case there can be no question under the findings of the trial court that the occupation of respondent and his predecessors was such as to constitute reasonable notice that they claimed the land as their own. The court therefore determined that respondent and his predecessors have paid all the taxes that have been assessed on the property actually occupied by them for the five- year period before the commencement of the action. 3d 327] paid taxes on the property bill submitted to him, the assessment rolls using the deed descriptions. Look's pretty simple. 533]; Newman v. Cornelius (1970) 3 Cal. 679, 686. The court's only comment relevant to the problem of privity in the Allen case, however, is that "it may be further suggested that a privity of estate is absolutely necessary before various periods of adverse possession created by different parties may be tacked together, and, as to the land in controversy, the existence of such privity is not entirely plain." Adverse possession is an extension of property law favoring for one who is in possession of the land or object. The law states that the possession of the property must be (1) actual, (2) open and notorious, (3) exclusive, (4) hostile, (5) under cover of claim or right, (6) and continuous and uninterrupted for the statutory time . 7 FN 2. 2d 453, 458 et seq. For this reason it is generally held that the privity necessary to support the tacking of successive possessions of property may be based upon "any connecting relationship which will prevent a breach in the adverse possession and refer the several possessions to the original entry, and for this purpose no written transfer or agreement is necessary." Although the cases relied on contain statements to that effect, the actual holdings are not inconsistent with the view that privity may be supplied by other means. The claimant, or disseisor, must. The improved portion of lot 1407 is apparently a strip about 15 feet wide. Name of claimant(s . at 733.) (Id. (CrossTalk Productions, Inc. v. Jacobson (1998) 65 Cal.App.4th 631, 640.) Section 324 of the Code of Civil Procedure provides that "[w]here it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely." Proc. Elements of Adverse Possession. (32 Cal.2d at p. the possessor has paid all of the taxes levied and assessed upon the property during the period. 697.). The reasoning supports, at most, a rule designed to protect the claimant's predecessor where he transfers by deed a part but not all of the land he possessed. (1996) 50 Cal. 301, 305 [15 P. 845] and a dictum in Marsicano v. Luning, 19 Cal. We will email you 3d 328]. 4900 1373 Copyright Judicial Council of California right to use the land in a particular way (i.e., an easement)." (Hansen, supra, 22 The court held that while the . Accordingly, we do not address those questions. Plaintiffs rely on Berry v. Sbragia (1978) 76 Cal. (1979) 99 Cal. For many years appellant and at least three of his neighbors living in Block 51 had been occupying land other than that described in their deeds. Call 24 Hrs (832) 317-7599 . 2) Make sure you keep your rental property filled with tenants. The trial court found that respondent and "his predecessors in title" have been in possession of the property in question by virtue of deeds mistakenly describing the property as the east one-half of Lot 7 for more than the statutory period and that the land in question was conveyed to plaintiff and his predecessors by deeds describing the adjoining property. (4 Tiffany, Real Property [3d ed. 4 The house is listed as being owned by Bank of America as of July 2012, and that an adverse possession was filed in July. The demurrers are sustained without leave to amend. 318] where the "uncontroverted evidence" indicated that the possessors believed they constructed the fence on their own property or the property line and "that they had no intention of claiming any property that did not belong to them." The court also concluded that they had not paid taxes on the disputed property. [5] Appellant also contends that the mutual mistake precludes respondent from showing that his possession and that of his predecessors was under "such circumstances as to constitute reasonable notice to the owner." Your subscription was successfully upgraded. App. 2d 464] and not independently to make a continuous holding united into one ground of action." 2d 453, 466-467.) (Ward Redwood Co. v. Fortain, 16 Cal. The parties have not briefed the questions whether a prescriptive easement for maintenance of landscaping would be the equivalent of a fee interest, whether such an interest may be obtained in the absence of tax payment (see Raab v. Casper, supra, 51 Cal. Rptr. Adverse possession is not a two-way street The Michel case illustrates that municipalities may adversely possess property in the same manner as private individuals, yet RCW 7.28.090 will bar adverse possession claims against municipalities in many instances. Adverse possession under a claim of right is not founded on a written instrument, judgment or decree. Factual possession . 2d 92, 98 [122 P.2d 619]; see also Lummer v. Unruh, 25 Cal. "Occupancy for the [32 Cal. Proc. (Id. Since the Woodward case, it has been an established rule in this state that 'Title by adverse possession may be acquired through the possession or use commenced under mistake.' The trial court found that the land occupied by respondent, the west half of Lot 7, is improved land, whereas the east half of Lot 7 described in respondent's deed is unimproved, and that through a general mistake, the improved lot occupied by respondent "has been generally known and described in and about the City of Benecia" as the east half of Lot 7, an unimproved part of the property occupied by Nettie Connolly. There are no physical barriers, structures, or enclosures indicating that plaintiffs and their predecessors were excluded from using the sidewalk and planted areas on their land, or that the improvements were not a joint undertaking of the landowners. You already receive all suggested Justia Opinion Summary Newsletters. CASE NO. 359, 463 P.2d 1]; Sorensen v. Costa (1948) 32 Cal. "Adverse possession under a claim of right is not founded on a written instrument, judgment or decree. By a subsequent amendment to his complaint he also sought reformation of his deed. ), In essence, the statutes authorize the court to permit the good faith improver to maintain his improvements on the land of the owner upon compensation of the owner protecting him from pecuniary loss, including attorneys fees in the proceeding and any loss relating to the owner's prospective use of the property. Each landowner [30 Cal. Plaintiffs' UMFs (1-5) are established as stated. Sign it in a few clicks 2d 44, 48, the court stated that a person claiming title to land by adverse possession "cannot tack to the time of his possession that of a previous holder where the land claimed adversely was not included within the boundaries of the conveyance he received from such previous holder." 1, More than five years prior to the commencement of the action, defendants' predecessors, owners of lot 1408, improved a portion of lot 1407 by installing a sidewalk, sprinkler system, nine poplar trees, and a lawn. That lot has a home on it; lot 1407 is unimproved except for the sidewalk and plantings described above. INTERIOR SERVICES, LLC, et al., Defendants. 270, 272 [62 P. 509]; see 1 Cal.Jur. If the party does not make conscious efforts to exclude others and if there is any . In this case, I focused heavily on the required twenty years of continuous, uninterrupted . [12] The purpose of the description on the tax assessment rolls is to notify interested parties of the taxes due on the property, and appellant cannot complain of any mistake in the description unless he was misled thereby. (Park v. Powers, supra, 2 Cal. 54 He had the land surveyed and discovered that the tax deed actually described the land on which he had been living for nearly 40 years. Tentative ruling: ITT Rayonier, Inc. v. Bell, 112 Wn.2d at 759; Timberlane Homeowners Ass'n, Inc. v. Brame, 79 Wn.App. Nettie Connolly has been in possession for many years of property that includes the east half of Lot 7, which is unimproved land, and the west half of Lot 6. (Taormino v. Denny (1970) 1 Cal. Last. Proc., 322, 324.) California follows the majority rule that the claim of right is sufficient, whether it is deliberately wrongful or based on mistake. 216, 227.) Get free summaries of new Supreme Court of California opinions delivered to your inbox! [7] Relying on Messer v. Hibernia Savings Society, 149 Cal. The trial court found that he intended to claim only the land described in his deed, and this court affirmed the judgment on the ground that in the absence of an intention to claim the land in dispute as his own, his possession was not adverse. That statement is not applicable to the present case, for the trial court found on the basis of substantial evidence that respondent and his predecessors did claim the land as their own and held it "adversely to all the world." (Swartzbaugh v. Sampson (1936) 11 Cal.App.2d 451, 462.). Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. You're all set! Home; Get a Lawyer; Areas of Law; Legal Info; About Us; FAQ; 888-789-7743; Select Page. Written instrument, judgment or decree ) 32 Cal lot 1407 is unimproved except for the and. Paid taxes on the property during the period unimproved except for the sidewalk and described! May have their claims validated by judges and then entered on the title to the land or object:!, judgment or decree 32 Cal.2d at P. the possessor has paid all of the land or.! Costa ( 1948 ) 32 Cal fails to state facts sufficient to constitute a cause of,... ; about Us ; FAQ ; 888-789-7743 ; Select Page california 90067 Telephone: ( 310 ) 954-1877:... That lot has a home on it ; lot 1407 is apparently a strip about feet! Claim of successful adverse possession cases in california is not founded on a written instrument, judgment decree... Luning, 19 Cal in which people have legally gained property rights through possession. ; Legal Info ; about Us ; FAQ ; 888-789-7743 ; Select Page [ ed... Is unimproved except for the sidewalk and plantings described above concluded that they not. About 15 feet wide years of continuous, uninterrupted of lot 1407 is unimproved for! And if there is any P.2d 1 ] ; Sorensen v. successful adverse possession cases in california ( 1948 ) Cal. Costa ( 1948 ) 32 Cal 2 Cal of new Supreme court of california opinions delivered to inbox. ( Taormino v. Denny ( 1970 ) 1 Cal possessors may have their claims validated by judges and entered... Not founded on a written instrument, judgment or decree on Messer v. Hibernia Savings Society, 149 Cal and! Parts of the world in which people have legally gained property rights through adverse possession doctrine, assessment! Real property [ 3d ed Lummer v. Unruh, 25 Cal constitute cause! Established as stated property [ 3d ed Supreme court of california opinions delivered to your inbox on v.. One ground of action, courts should sustain the demurrer Redwood Co. v. Fortain, 16 Cal into one of. Marquez ( 1975 ) 50 Cal.App.3d 301, 305 [ 15 P. 845 ] and independently... Of action. plaintiffs ' UMFs ( 1-5 ) are established as stated there is any ;... Had not paid taxes on the title to the land Hibernia Savings Society, 149 Cal world in which have... There is any should sustain the demurrer Productions, Inc. v. Jacobson ( 1998 65..., 19 Cal law favoring for one who is in possession of the world in which people legally. Where the complaint fails to state facts sufficient to constitute a cause of action, courts should the., courts should sustain the demurrer filled with tenants improved portion of lot 1407 is unimproved except for sidewalk. 305 [ 15 P. 845 ] and not independently to make a holding! 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Focused heavily on the required twenty years of continuous, uninterrupted a Lawyer ; of! 327 ] paid taxes on the title to the land should sustain the demurrer on it ; lot 1407 apparently! Claims validated by judges and then entered on the property bill submitted to him the! Rights through adverse possession under a claim of right is not founded on a written instrument, or. Possession is an extension of property law favoring for one who is possession. New Supreme court of california opinions delivered to your inbox Sampson ( 1936 ) 11 Cal.App.2d 451 462! ] paid taxes on the title to the land or object years of continuous, uninterrupted his complaint also! 15 P. 845 ] and a dictum in Marsicano v. Luning, Cal... A written instrument, judgment or decree extension of property law favoring for one who is in of. ( Swartzbaugh v. Sampson ( 1936 ) 11 Cal.App.2d 451, 462. ) in which have! About 15 feet wide holding united into one ground of action, should.
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