Survey with error: Property Line State specific problem
by toddfeinman, Monday, September 12, 2011, 10:59 (31 minutes ago) @ Richard Schaut
hi. California used to protect landowners with "adverse possession" law which gave u the land after long time period. But approximately 10 years ago the legislature (attorneys) changed the definition to "must pay property taxes on the disputed land to claim the land". Given it is impossible to pay proprty taxes on land you do not own, they basically gutted "adverse possession" protection.
So it is all about surveys. I will post the survey methods used when i get them. Note there are over 40 markers around my house.
40 markers....my goodness, how big is the lot?
rberry
Maybe there's only five corners with a pincushion of eight at each corner.
I don't agree that it is impossible. Appraisers from the county are not surveyors. In discussions with them, they have commented that they look and appraise the property based on its obvious bounds (eg fences etc.) When it can be shown that the structures or whatever the case may be are on neighboring property but have been thought by the assessor to be on the persons property bringing the claim of A.P. they have satisfied the paying of taxes.
>I don't agree that it is impossible....
Neither do I. Property taxes are assessed based on valuation, not land area. Land area has some bearing on the assessed value but is by no means determinative. Adding a narrow strip to a property would not likely affect the assessed value at all. So a person claiming AP to a strip by Claim of Right or Color of Title can be said to have been paying taxes on that strip.
Mr. Feinman finally responds & my response
I suggest that you spend some time studying ss 321-325 of CA state statutes.
As others here have posted, tax payments are not conclusive and a sorry excuse for deed staking.
If I had occupied and controled a full parcel of land, checking with the tax assessor each year and paying the delinquint tax, the adverse possession claim would be valid.
Recognizing when an occupatio line has become the legal boundary IS A SURVEY MATTER.
Remember, neither judges nor lawyers are qualified to enter onto the land, recover and analyze physical evidence, that is the surveyor's responsibility.
Richard Schaut
Mr. Feinman finally responds & my response
> I suggest that you spend some time studying ss 321-325 of CA state statutes.
Mr. Cow is merely forwarding the comments of Mr Feinman, who claims to be a property owner, not a surveyor or an attorney.
Mr. Mayer
Mr. Fineman's response refered to the CA law regarding taxes which does not negate other CA laws.
Richard Schaut
Mr. Mayer
Maybe it is Mr. Feignman!
N
Given it is impossible to pay proprty taxes on land you do not own, they basically gutted "adverse possession" protection.
This is surprising to me. In my home state anyone can pay taxes on any property. In fact, that's sometimes how property owners find out that someone is trying to adversely possess their property. They go to pay their taxes and find that someone else has alread paid them.
Sorry the tax requirement in California dates back to the 19th century. The Railroad barons who more or less ran the State back then wanted to protect their vast holdings of the checkerboard sections.
I think anyone can request a tax bill.
Thanks, Dave. You beat me to it.