Can the adverse possession law be used?
Full Question:
Answer:
I am assuming the property is in California. In order to claim adverse possession in California, the claimant must have been in continuous possession without the owners' permission and paid all taxes for at least 5 years. If the non-occupying owners gave permission for the occupation of the property, it would not be considered a hostile occupancy, which is required for an adverse possession claim. Co-owners cannot normally adversely possess against one another, unless a co-owner in possession notifies other owners of the intent to adversely possess.
This would probably would require changing locks & putting up signs & sending letter to make it clear that possession was exclusive and hostile and that co-owners were on notice that the possessor was intending to adversely possess.
It may be possible to recover payments made on the property under an unjust enrichment theory. In order to show unjust enrichment, a party must prove that the defendant had a benefit conferred on them by the plaintiff, that the defendant knew of the benefit, and that acceptance or retention of the benefit by the defendant would be unfair under the
circumstances.
