Law Office of Melissa C. Marsh

Request a Same Day Telephone Consultation

Contact Us
Sherman Oaks, CA
Tel: 818-849-5206
Tel: 323-655-1002
E-mail: MMarsh

Home About Us
Areas of Practice
Articles Business Transactions Corporations Employment Law Internet-Computer Law Landlord-Tenant Limited Liability Company Partnerships Real Estate Law Trademark & Copyright Wills & Trusts
Testimonials Client Alerts Useful Links Contact Us
Request a Same Day Telephone Consultation
Visa Mastercard American Express PayPal


How To Get A Property Through Adverse Possession in California

Prepared By: Melissa C. Marsh, Los Angeles Real Estate Attorney
Written: October 2010

In order to assert a claim of adverse possession in California, the claimant (party seeking to gain title to the property) must demonstrate:

  1. possession under a claim of right or color of title;

  2. actual, open, notorious occupation (protected by a substantial enclosure such as a fence and usually cultivated or improved);

  3. adverse and hostile possession;

  4. continuous possession for a period of five years; and

  5. payment of all taxes assessed against the property during the five-year period.

See, Mehdizadeh v. Mincer, 46 Cal.App.4th 1296, 1305 (1996) and Cal. Code Civ. Proc. 325.

The California legislature concerned about speculators making a lump sum tax payment on rural parcels of land in hopes of building a claim of right to the land, enacted Assembly Bill 1684. Effective January 1, 2011, a claim for adverse possession will now require in addition to the above five requirements, certified records from the county tax collector showing that all state, county, or municipal taxes have been "timely paid" for each of the five years the property has allegedly been occupied and claimed.

It should be noted that California courts are loath to grant a quiet title action based on adverse possession and the standard of proof is very high.

If you have additional questions, or would like the assistance of real estate attorney, Melissa C. Marsh, please schedule a telephone consultation for as little as $129 by completing our Telephone Consultation Request Form and Melissa Marsh will call you back at the time you select or Email: Melissa C. Marsh.

Related Articles:

© 2010 Melissa C. Marsh. All Rights Reserved.

If you have additional questions, or need specific legal advice tailored to your specific needs, please schedule a low cost Telephone Consultation.
If you would like to inquire about my services, please call 818-849-5206.

Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

Home | Request a Consultation | Practice Areas | Articles | Client Alerts | Testimonials | Terms of Use | Privacy Policy | Contact Us | Site Map
Copyright© 1998 - 2024, Melissa C. Marsh. All Rights Reserved.
Website Design By DK Web Design
Catering By Devon Eats

Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.