What are the legal requirements to gain property rights to property that is not yours but has been used without formal objection for many years?
Question Details:
I have been using a small portion of land behind my home (CA). I have done so and so did the previous owner for many years without any formal objection from the land owners. I approached the land developer/owner and offered to buy, but they suggestedwaiting until the specific lot was sold and work with the buyer. I did so and eventually reached a hand shake agreement that I could put up a fence and use the land. Up until the point that I asked, we had used the land for 3+ years and the previous owners 9 years. The current owner is selling and the buyers are putting up a stink. Do I have any rights?
Real Estate Law Answers
Your right to use of the land is based on adverse possession. Adverse possession requires continuous, hostile, open, notorious and actual use of the property for the statutory period. You and the previous owners have used the land for a continuous period of twelve years. The use of the land has been hostile (in derogation of the true owner's rights). The use of the land has been open (not concealed). The use of the land has been notorious (true owner had notice) and actual and has exceeded the five year statutory period. Therefore, you have established ownership by adverse possession.
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