Pursuant to California law, there’s a way that someone can take legal ownership of your land without buying it from you. This is known as adverse possession. Before the property can be legally taken from you, though, several elements have to be met. This includes open and notorious possession of the land, that you either knew or should’ve known about the possession, that the possession was hostile to your interests, and that the possessor pays property taxes on the property for a period of five years. Typically, improvements must’ve been made to the property, too.
That might sound like it’s impossible to adversely possess property, and it is difficult. However, you don’t want to fall asleep on your rights and have property swept out from under your feet.
How can you prevent adverse possession?
Fortunately, preventing adverse possession is relatively easy. Here are some steps that you can take to protect your interests and ensure that ownership of your property doesn’t slip through your fingers:
- Regularly check your property to ensure there aren’t individuals staying there without your permission.
- Consider posting signs that allow others to pass with permission so that, in the event someone does try to take your property, you can demonstrate that they’ve failed to meet the “without permission” provision of the statute.
- Put up fencing and no trespassing signs to try to deter individuals from entering your property and staying there.
- Take legal action to forcefully remove individuals from your property, if necessary.
Don’t sleep on your property rights
When it comes to property ownership, there are a lot of nuanced rights that you should be aware of, lest you be taken advantage of. That’s why if something feels off with your property or your property rights, then you should discuss the matter with your attorney so that you know what steps you need to take to protect your interests as fully as possible.