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Last updated on May 28, 2025

Adverse possession, governed by the California Code of Civil Procedure Section 325, can be tricky to navigate without proper guidance. Missteps can lead to disputes or lost claims, which is why you need a trusted legal partner to protect your interests.

Since 2006, Goodkin APC has served Los Angeles and Southern California, delivering tailored solutions for real estate challenges. Our boutique firm offers the personal touch of a small practice with the proven strength of a larger one, backed by successes like a $6.3 million commercial transaction. Our attorneys handle legal concerns with precision and commitment.

What Is Adverse Possession Under California Law?

Adverse possession is a legal method of gaining ownership over land without buying it, but only when very specific conditions are met. According to California law, a claimant must prove:

  • Continuous possession of the property for five consecutive years
  • Actual, open and notorious use of the land (not hidden)
  • Hostile possession (without permission of the true owner)
  • Exclusive use of the property
  • Payment of property taxes during the five-year period

These elements must all be proven with clear, documented evidence.

Adverse Possession Vs. Squatter’s Rights

A squatter is someone who occupies property without any legal claim. Adverse possession, on the other hand, is a legal argument that, if successful, can grant actual ownership of the property.

While California does not provide squatters with automatic legal protections, someone who meets the adverse possession criteria over time may eventually establish full ownership. However, courts do not take these matters lightly–any rightful owner can disrupt the process by reclaiming control or issuing a formal notice.

Can You Sell A Property Acquired Through Adverse Possession?

Yes–but only after a court recognizes your ownership. Before selling adverse possession property, you must first:

  • Legally establish the title through a quiet title action
  • Ensure all tax obligations are met and documented
  • Clear any encumbrances or disputes tied to the previous owner

Once the title is legally secured, you may sell, lease or transfer the property like any other lawful owner. However, without proper legal action, any adverse possession property sale attempt could result in disputes, delays or lawsuits.

Call Today

When your property rights are at stake in California, trust our lawyers at Goodkin APC. Contact us at 310-853-5730 or online to schedule a consultation.