Adverse Possession: Negotiate Or Fight Back With Attorneys On Your Side
You may wish to make an adverse possession claim to assume full legal ownership of a piece of land that you have been using and maintaining for years. Or you may need defense representation to protect some of your property from an adverse possession claim. In either situation, an effective real estate attorney can be the advocate you need.
At Greenacre Law, we work to educate our clients while helping them pursue their goals. An adverse possession claim may seem like the right move to resolve uncertainty about land usage and ownership, or you may feel that such a claim threatens the integrity of your property line. Let us evaluate your case and help you determine the most appropriate resolution. This may be especially important if you are preparing to sell the property and suspect the title may be in trouble.
The Necessary Criteria For An Adverse Possession Claim
An adverse possession claim typically requires confirmation of the following regarding a piece of land that is in dispute:
- The user of the land has been using it by mistake or has been occupying it with the awareness that they are trespassing.
- The user has been physically present or physically using the land in question.
- The use of the land has been open and obvious – not secret.
- The squatter has been the exclusive user of the land for a continuous length of time — possibly up to ten years – and well beyond the length of the statute of limitations for trespassing.
If you will be the plaintiff in an adverse possession case, we can help you try to prove these elements. If you are the defendant, we will evaluate all evidence to determine whether the challenger has not met any of these requirements. We will prepare your case as if for trial, but a trial may not be necessary. Our team will help you clarify definitively who owns the piece of land that you or a squatter has been using.
Are Your Property Rights At Risk? Get Legal Advice.
Perhaps you suspect that a neighbor or another squatter may obtain the right to keep a piece of your land and you need help to prevent that. Will you need to move a fence, post signs or seek an eviction? Let us offer counsel before it is too late.
From our offices in San Diego, Los Angeles or Ontario, we are ready to serve you efficiently. To schedule a consultation with a Southern California real estate lawyer about the threat of adverse possession or the possibility of bringing such a claim, call 888-912-9096 or send a message. Hablamos español.