Adverse Possession & Prescriptive Easements

In California, adverse possession allows someone to gain legal title to another person’s property by openly possessing and using it for five consecutive years, while also paying property taxes during that time.

Unlike adverse possession, a prescriptive easement grants the right to use land—but not own or exclusively possess it—and does not require payment of property taxes. California courts increasingly deny exclusive prescriptive easement claims in boundary disputes, as they may effectively function as adverse possession.

Note: California courts rarely grant title based on adverse possession, and the burden of proof is high.

How Adverse Possession Works

To make a valid claim, the trespasser must prove four key elements:

1. Hostile Claim: Occupying land without permission, either unknowingly (e.g., mistaken deed) or knowingly as a trespasser.
2. Actual Possession: The trespasser must physically occupy the land as if it were their own.
3. Open & Notorious Possession: The use must be visible and obvious to the rightful owner.
4. Exclusive & Continuous Possession: The trespasser must have sole, unbroken possession of the property for five years.

Protecting Your Property from Squatters

California recognizes limited rights for squatters. Property owners should take proactive steps to avoid adverse possession claims:

• Pay property taxes promptly.
• Keep rental properties occupied.
• Prohibit subletting; include clear lease language.
• Use a property manager when unavailable.
• Install and maintain a reliable security system.

Quiet Title Litigation

A quiet title action is a special legal proceeding used to determine rightful ownership of real property. It acts as a lawsuit against anyone who may have a competing claim. If successful, the plaintiff’s title is confirmed, and no further challenges can be brought.

What is a Quiet Title Action?

The purpose of a quiet title action is to establish clear ownership of real property against any adverse claims. (Cal. Civ. Code § 760.020) The plaintiff seeks a court ruling that their title is superior to any claims made by defendants to all or part of the property in question.

Why File a Quiet Title Action?

• Boundary Disputes: When neighboring property owners disagree about the location of the boundary line.
• Errors on a Deed: To correct clerical mistakes or discrepancies in recorded documents.
• Easement Issues: To clarify rights and obligations regarding use of easements on the property.
• Claims by Lienholders: To resolve issues related to unpaid taxes or unresolved deeds of trust.

Where to File

Quiet title actions must be filed in the superior court of the county where the property is located. Once filed, the court has full authority to resolve all title-related issues. (Code Civ. Proc. §§ 760.040, 760.050)

How to File a Quiet Title Action

According to California Code of Civil Procedure § 761.020, a quiet title complaint must be verified and include:

1. A legal description of the property;
2. The plaintiff’s title claim;
3. The adverse claims to that title;
4. The date of the title dispute; and
5. A request for judgment declaring the plaintiff’s title superior.

When suing someone who holds legal title, the plaintiff must prove their claim with clear and convincing evidence (Cal. Evid. Code § 662). However, if legal title itself is in dispute, the standard is a preponderance of the evidence (Murray v. Murray (1994) 26 Cal.App.4th 1062).

Proof Required to Prevail

To quiet title against someone who holds legal title, the plaintiff must meet the higher burden of clear and convincing proof. This heightened standard ensures that legal ownership is not easily overturned. When the case involves a dispute over who holds legal title, a lower standard—preponderance of the evidence—applies.

What Happens If You Win?

A successful quiet title judgment is binding on all parties to the litigation, known or unknown, who may have a claim to the property. (Code Civ. Proc. § 764.030) However, the judgment won’t affect claims of non-parties whose interests were of public record or reasonably known to the plaintiff. (Code Civ. Proc. § 764.045)

Partition Actions

What is a Partition Action?

Partition refers to the division of real or personal property among two or more co-owners, such as joint tenants or tenants-in-common. It is not available to owners holding title as community or quasi-community property. This section focuses on the partition of real property.

When is a Partition Necessary?

Any co-owner may file a partition action at any time, unless their right has been waived. Common cases include family members without formal ownership agreements, ex-partners not legally married, or business partners with undocumented obligations.

Types of Partition

California law provides for three methods of partition:

1. Partition by Physical Division
2. Partition by Sale
3. Partition by Appraisal

What is the Process for a Partition?

A partition action begins with the filing of a complaint in court, naming all parties with an interest in the property (e.g., owners, lienholders, lenders). The case proceeds as a standard civil lawsuit, except there is no right to a jury trial. Instead, a judge decides the interests and method of partition, and may appoint a referee to assist in the process.

Partition by Sale

Also known as “Partition in Kind,” this method involves dividing the land based on proportional value and is most often used for large or undeveloped acreage. The court must ensure the division is equitable and in compliance with local land use laws, including the Subdivision Map Act and zoning ordinances. If an equitable physical division isn’t feasible, the court may order a sale instead.

Partition by Appraisal

This method allows one or more owners to buy out the others at a court-ordered appraised value. It is only permitted when ownership interests are undisputed or adjudicated, and all parties agree in writing to proceed this way.

Partition by Physical Division

Also referred to as “Partition in Kind,” this method requires dividing the property into portions of equivalent value. It is typically used for rural or undeveloped land, and only when division doesn’t diminish overall value compared to a potential sale. Legal compliance with planning and zoning laws is required.

Defenses to a Partition Action

Partition is generally a no-fault action, meaning few defenses exist. However, one key defense is waiver of the right to partition, which may be verbal, written, or implied. Courts may also consider the original owner’s intent in cases involving inherited property or informal family arrangements.

Costs Involved

Partition actions involve various costs, including title reports, legal fees, court costs, and referee fees. An uncontested partition judgment may cost at least $25,000, with higher fees in contested or complex cases.

Can Legal Fees Be Recovered?

Yes. Under California law, a party initiating a partition action may recover a portion of their reasonable attorney’s fees and related costs, as long as those expenses were incurred for the common benefit of all property owners.

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