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Real Estate question Adverse Possession?
2021 Jul 2, 10:55am 348 views 4 comments
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A buddy of mine has been managing a nice property in SJC for some time. 10 ish years. The owner is an overseas dude in Prague I think. My buddy pays the taxes on it every year and the owner was sending him a check. Well the owner went quiet 1.5 years ago, my buddy kept it going and just found out that he passed away and there was no Will and no family….
Is Adverse Possession a thing in CA?
It’s not me, I’m not my buddy.
Comments 1 - 4 of 4
2021 Jul 2, 12:19pm
I don't know the answer, but I think your buddy should have spelled all this out in a contract. Though I admit it's hard to foresee all eventualities.
2021 Jul 2, 1:30pm
Must be notorious and hostile. It's definitely a thing in CA, but I'd think he must
occupy the property
2021 Jul 2, 3:33pm
I remember this was a favorite subject in law classes. I remember that the purpose of Adverse Possession is so the gov can continue to collect taxes. All it takes is for your buddy to have paid taxes on the property for X years, and not have had permission to use the property. Then just file for the title. So, if you buddy paid the taxes, and parked a car on it or had a garden, and had no expressed permission from the owner, he is golden.
2021 Jul 2, 9:30pm
You have to put an ad in the newspaper declaring that you are occupying the house adversely and maintain receipts/records of all your expenses..especially paying the property taxes. Talk to a lawyer (seriously).
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one year ago