Adverse Possession - Posted by JoeSoCal

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Adverse Possession - Posted by JoeSoCal

Posted by JoeSoCal on June 30, 2004 at 17:51:59:

I have always been fascinated by adverse possession, although I have never actually tried to acquire a property in such a manner.

One aspect I have always been curious to know regarding those who have actually tried it is the issue of changing the mailing address for the tax records?

For illustration purposes, suppose my name is Joe Schmoe and the property taxes are being mailed to:

John Smith
123 Anystreet
Anytown, USA

In order to bring about a claim of adverse possession, you must pay the property taxes and keep them current among other things.

Can you simply ask the tax collector to change the mailing address to whatever address you want to give them when you bring the bill current?

How does this process work?

Thanks

Re: Adverse Possession - Posted by Kristine-CA

Posted by Kristine-CA on July 01, 2004 at 11:58:39:

Where I am, the county will change the mailing address to anything you ask, no questions asked. There is a provision of the adverse possession law in CA that actually addresses this issue and requires the tax collector to add the name of someone adversely possessing, at the request of the possesser. This has gone over like a lead balloon when I tried it out at my county. It’s not worth the battle, since having one’s name on the tax bill is not what one really needs to perfect the claim.

When researching other AP cases in my county, I noticed that some AP claims that when to court as quiet title actions did not change the address or file a death cert in the case of a deceased owner. And the plaintiffs won title. So, where I am it doesn’t seem to be that important an issue.

I believe AP to be a very state specific thing. Be careful when taking advice on this subject from anyone who hasn’t done it and/or isn’t consulting with an attorney who has done it. Kristine g

Re: Adverse Possession - Posted by David (Los Angeles)

Posted by David (Los Angeles) on June 30, 2004 at 20:47:42:

First, the disclaimer: I haven’t acquired a property in this manner, and am not in the process of doing so.

That said, I don’t think it’s necessary to change the address the tax bill is mailed to. The first thing I’d do before attempting to acquire a property this way is verify that there were unpaid taxes in the first place. If there aren’t, somebody is looking after the place in some fashion, even if there’s no tenant and the physical structure is being neglected.

If there are unpaid taxes, I’d just pay them. Go down and write a check at the counter. Find out when they’re due (this can probably be done online, but if not, inquire at the assessor’s office). Then be at the counter to pay them.

You ARE planning to put a tenant in the property, or live in it yourself, aren’t you? Whoever’s living there will be getting the bill, unless it’s already being sent to someone who’s living elsewhere. If that’s the case, I’d proceed with EXTREME caution…

Re: Adverse Possession - Posted by Bill H

Posted by Bill H on June 30, 2004 at 20:31:25:

Go to Ward’s board. It is a CA board (InnoVest's Foreclosure Forum) and search the archives and you will find lots of good info on CA adverse possession. If you desire you can look it up in the CA Statutes.

Good luck,
Bill H