Adverse Possession

Adverse possession is a means of acquiring title to real property by continuous possession for a prescribed period of time. To establish title by adverse possession, the user must prove each and all of the following five requirements: (1) Possession must be held under either a claim of right or color of title. (2) There must be actual, open, and notorious occupation of the premises in such a manner that constitutes reasonable notice to the record owner. (3) Occupation must be both exclusive and hostile to the title of the true owner. (4) There must be uninterrupted and continuous possession for at least five years. (5) The possessor must timely pay all of the taxes levied and assessed on the property during the five-year period. In California, adverse possession actions are rare. However, when and adverse possession issue arises, we can assist in resolving the dispute.