Understanding California Adverse Possession

Summary

In California, adverse possession laws require open and notorious possession of the property for 5 years and payment of property taxes during this period. Without paying property taxes, a claim for adverse possession may be invalid. In case of eviction, California law requires a written notice to vacate the property - a 30-day notice if the resident has lived there less than a year, and a 60-day notice if more than a year. Without a proper eviction notice, removal is not legal. Squatting is not illegal if the property is abandoned and a squatter can claim legal title if they openly live there for 5 years and pay property taxes. The legal process to remove a squatter usually involves a formal eviction. Legal aid services can provide free or low-cost legal help.

Full Conversation

California
In California, the laws for adverse possession are:
- Must possess the property openly and notoriously for 5 years
- Must pay property taxes during this period
- Must have a claim of right or color of title
For more specific advice, consider consulting a local attorney.
I can't afford an attorney but I have been here for more than 5 years
It seems like you meet one of the key conditions for adverse possession. However, have you been paying property taxes during this period? Additionally, legal aid services can provide free or low-cost legal help. I can provide information on these services if you're interested.
No I have not I barely found out about average position a few days ago I never knew it existed
It's important to note in California, you must have paid property taxes for at least 5 years as part of the claim for adverse possession. If you haven't done this, your claim may be invalid.
No I haven't
The absence of property tax payment may invalidate your claim for adverse possession. Consider consulting with legal aid services for further advice on how to proceed. Would you like information on legal aid services in California?
Yes
Great! Here are a few legal aid services in California:
*. Legal Services of Northern California: (*) *-*
*. Bay Area Legal Aid: (*) *-*
*. Central California Legal Services: (*) *-*
Remember to call and inquire about their services.
So that's your advice call you legal aid can u answer a few questions before I do that
Of course, I'd be happy to answer any more questions you have before you contact legal aid. What would you like to know?
Okay well recently as of last week my neighbor has decided that he is in the owner of the property and now wants to kick me out
Has your neighbor provided any legal documents claiming ownership of the property? Also, have you received any formal eviction notice? These details are important to understand your situation better.
The land isn't for sale nobody knows who the owner is or can get a hold of them but these guys decided that they are the owners somehow they got some kind of permits that are allowing them to do this and the sheriffs are ignoring everything I say to tell me that I'm trespassing does a *-day law come into effect
In California, the law requires a written notice to vacate the property:
- A *-day notice if you've lived there less than a year.
- A *-day notice if you've lived there more than a year.
This formal notice starts the eviction process. Without it, they can't remove you legally.
Protect me
I understand you're in a difficult situation. However, I can only provide legal information. In California, you have rights as a tenant. If you haven't received a proper eviction notice, they can't remove you legally. Contact the legal aid services for help.
Are you familiar with the 30day law can you protect me
In California, the "*-day law" generally refers to the notice period for eviction if you've lived on the property less than a year. If you've lived there for more than a year, a *-day notice is required. However, I can only provide legal information. Please consult legal aid services for assistance.
Well they said I'm trespassing and my understanding I thought that any person standing on a property for more than 30 days has to be property evicted and there's no longer a trespasser but it's squatter
In California:
- Squatting is not illegal if the property is abandoned.
- A squatter can claim legal title if they openly live there for 5 years and pay property taxes.
- The legal process to remove a squatter usually involves a formal eviction.
Consult a legal aid for personalized advice.
I don't have time for legal aid the shares are coming in a few hours what should I tell them
Inform the sheriffs that you've been residing on the property for over 5 years, which may give you rights as a tenant under California law. Mention that formal eviction procedures need to be followed.
Sheriffs
Are the sheriffs coming to issue an eviction notice or for a different reason? It's important to provide them with all the information about your situation and your rights under California law.
No they're coming to remove me cuz they said that I'm trespassing
I understand this is a stressful time for you. If you've been living there for over 5 years, you could be seen as a tenant under California law. They must follow proper eviction procedures. You might want to seek immediate legal help. Try reaching out to the legal aid services I mentioned earlier.
I understand I should consult with legal aid but I can't do that until later as of now I just need to know what to tell you sheriff's when they show up
Inform the sheriffs that you've been living on the property for over 5 years. Under California law, this potentially gives you rights as a tenant. They must follow proper eviction procedures, which require formal notice.
The neighbor says he has permits saying he's a new owner they're going along with his words and and forcing me out
Tell the sheriffs you've been living there for over 5 years, which under California law may give you tenant rights. They need to follow formal eviction procedures, even if your neighbor claims ownership.
Can I be forced out like that
In California, proper eviction procedures must be followed even if someone claims new ownership. Have you received a formal eviction notice?
No nothing they came at me a few days ago talking about that there's a new owners and I have a week to get out
In California, without a proper eviction notice, they can't legally force you out. Inform the sheriffs about your residency duration and insist on the formal eviction procedures. Consult legal aid as soon as possible for further assistance.
Okay I'll do that thank you so much
You're welcome! I'm glad I could help. Do reach out to legal aid when you can. Stay safe and take care!
You too thank you so much enjoy your holidays
I'm glad I could help. Remember, insist on your rights and consult with legal aid as soon as you can. Enjoy your holidays as well and take care!