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Attorneys and Adverse Possession

Posted by Kristine-CA on June 27, 2003 at 11:00 AM

Greetings. It was suggested to me on another investor board that I post here as Ward is considered an expert on adverse possession. I invest in Kern county, mostly wholesaling rehab properties to investors. My specialty is title flaws and probate issues. I come across properties that I believe would be very good candidates for adverse possession. Sometimes there are heirs that have abandoned the property because of estate debt and Medi-Cal issues. Sometimes there is no debt but no one will step forward to petition for succession or act as administrator for the probate.

I would like to know if anyone can recommend an attorney in CA, but preferably in Kern county that can advise me regarding adverse possession. Many attorneys have done AD and quiet title actions for vacant land and lot line adjustments, but I haven't met one that has done one with a single family residence.

I need to fully understand the recording keeping, when the AD starts and other technicalities of the open and notorious use. For example: If I rent the property, is that open and notorious use? Do I pay the taxes annually as they become due or can I pay in a lump sum? Does the AD start from the first tax payment I make or from the when the taxes were due, etc.

As you can see, I have a ton of things I need to clarify. Reading the law is one thing, but talking to someone who has presented a successful case in court is another.

Any suggestions or opinions would be appreciated. Sincerely, Kristine



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