Blog / Firm News

What should you know about adverse possession?

California readers know that trespassing is illegal, but there are circumstances in which a person could actually obtain certain rights to use property that belongs to another party. This confusing concept goes by the name of adverse possession, and you may find it beneficial to understand how this process works.

In certain circumstances, a person who has been trespassing for an extended period of time may actually obtain the right to stay on the property. In order to qualify for adverse possession, a person must be using the land exclusively and openly, without attempting to hide it. The rights granted to a person through adverse possession differ on a case-by-case basis and depend on the unique circumstances of the individual case.

Who should pursue an adverse property claim?

One of the most common examples of the need to file an adverse property claim is when a person inherits or comes into possession of a piece of land that comes with very little documentation. This often happens when a person receives property from a family member in a will or through a traditional chain of possession.

An adverse possession claim could also be appropriate when a person who is not the property owner uses a piece of land for an extended amount of time, typically for several years.

A valid adverse possession claim

There are certain requirements a person must meet in order to qualify for an adverse possession claim. These include the following:

  • The claimant must be occupying, regardless of whether or not he or she knows it is actually trespassing.
  • The actual act of trespassing must be fairly obvious.
  • The claimant must be treating the land as if he or she owned it.
  • The trespassing must occur for an unbroken, extended period of time, unshared with any other person.

Whether you are the one who wishes to have legal claim to a piece of land you are using or you have concerns about a person trespassing on your property, you could benefit from a complete explanation of your legal rights and the options available to you.

The terminology associated with adverse possession and trespassing is confusing and difficult. Whether you are considering initiating an adverse claim or simply want a better explanation of your property rights, you would be wise not to delay in seeking an evaluation of your case. When it comes to your entitlements, rightful access and use of property, there is no time to lose.

Posted in:

Related Posts

3 factors to consider when choosing your next business partner

There are numerous potential advantages of owning your own business, one of which is having the ability to choose who you partner with. However, this is not always a straightforward process. At times, individuals may believe that going into business with someone they like personally could be the key to success. Nevertheless, a good personal relationship is not always an indication that a business partnership will work out. Outlined below are three important factors to consider when choosing your next business partner. Be open from the beginning All parties in a new business venture are typically eager to get off to a positive start. However, this can occasionally result in concerns or potential roadblocks being hidden rather than discussed. Issues that business partners don’t address initially, but instead later in the process, may ultimately be trickier to resolve. It is unlikely that a new business venture will afford smooth sailing at all times. Therefore, partners must be able to communicate effectively and tackle issues head-on cooperatively. Clearly define responsibilities While it may be all hands on deck at the beginning of a new business, it can be vital to establish roles once operations are up and running. Confusion and misunderstandings over specific responsibilities could be a source of conflict later on in the process. Additionally, it may assist customers if they clearly understand who they are to contact to meet their distinct consumer needs. Express terms in writing It may be beneficial to have obligations and business terms documented in writing. Having written instructions could assist in preventing disagreements and resolving issues before they become detrimental to the partnership. Choosing a business partner is a major decision that warrants careful consideration. In the unfortunate event that you feel your legal rights have been violated, there may be options open to you.

What is a spite fence and what should you do about one?

A lot of boundary disputes involve fences. For instance, you may believe that the new fence that the business owner who owns the property next to yours just put up is actually on the wrong lot. You think it’s a few yards onto your property, essentially allowing that person to “steal” the land. Now, this could be intentional or it could be an accident. You don’t know, but you still understand that the lot line needs to be respected and the fence needs to be moved. In some cases, though, you may have an issue with a fence that is on your neighbor’s property, but that still negatively impacts the value of your property. This is sometimes known as a spite fence, and it may be illegal. How it works A spite fence is one that is designed to be unsightly. It has no purpose and is not useful, but it has been built specifically to harm your property value. There is a level of malicious intent in this construction; i.e., it was built out of spite. For example, the neighboring business has a fence on your property. You ask them to move it. They’re angry, since this will be a very expensive process, but they can’t deny that you are correct. It is on your land. When they move it, they extend it upward. Instead of a five-foot fence marking the line, they erect a 20-foot fence. Clearly, the goal here is to box in your property, ruin your view, and hide your business from the street. They’re doing it to make your property less attractive and to cost you business. Even if the fence is technically on their land now, they’ve taken steps to ensure that it has a negative impact on your life and your company. What should you do? You can imagine how frustrating this would be on a daily basis and how much the value of your property would plunge if you were looking to sell. That causes real financial harm. You must be sure that you know what legal steps you can take to put a stop to it.

Questions to ask before signing a commercial lease

As a California business owner, signing a commercial lease is an important step that could be important for your business. This is a major legal and financial decision, and there are many things you may need to consider as you secure a storefront or operational space for your company. With the high cost of leasing space, you would be wise to seek guidance as you move forward with this crucial step. It is prudent to carefully review all lease documents in order to protect yourself from unexpected rules, restrictions and financial liability. Acting with prudence and caution before signing can help you avoid complications and unexpected costs in the future. Useful questions before you sign a commercial lease Before signing a commercial lease, there are various questions you can ask that will help you avoid issues in the future and ensure you understand the terms of your lease agreement. Some of these questions include: What will happen in the event of a worst case scenario? It can be helpful if your lease agreement includes flexible terms in case of an unexpected scenario, such as bankruptcy or a buyout. How long will you need the space? It is smart to think well into the future when negotiating the terms and length of your lease agreement. Do you have plans for expansion in the near future? Expanding your business could be great for your company, but it is important to consider how the leased space will work for you during periods of growth. What type of lease is best for your business? There are different types of commercial leases, and they could mean different things for your company. It is smart to know what you are signing. If you are able to negotiate the terms of your commercial lease, it would be smart to include terms that will allow for contingencies and setbacks. Owning a business is unpredictable, and it can be helpful to ensure that your lease includes flexible terms. What do you need to protect your company? Lease disputes can be both complex and costly for your company. Avoiding lease-related complications can be as simple as carefully reviewing the terms of your contract before you sign or negotiating beneficial and practical terms. If you are considering leasing space for your business, you may find it beneficial to seek a complete evaluation of your options in order to better understand how to shield your interests as you move forward with this process.