CA Adverse Possession Deceased Owner

Hey people..I live in california and found an abandoned house where the owner had passed. Its been 9 months and no one has paid the due taxes. I am about to move in after cleaning up. Any comments on the downside of what can happen, besides a possible hier saying that I am tresspassing? Even so, how can he prosecute for tresspassing if he himself technically hasnt inherited it yet or completed probate? Is this an oppertunity of a lifetime with no Owner to contest against my adverse possession?

Comments(4)

  • captspeers25th July, 2005

    I have another point or question if any knows the answer. I feel comfortable about fulfilling all the requirements of adverse possession in california, except the reason I am possessing in the first place. Is my intent to acquire the abandoned house and improve it, where it serves the interest of the community, enough? The commonly known options are..claim or color of title. If I had either or those, I feel it cancels out the requirement of Hostile. How can I be possessing hostile to the owner when I am claiming some type of ownership. Besides the real owner is deceased.

  • IMCreative10th January, 2006

    Hey Captspeers,

    Did you ever get any information on your situation??? Sounds rather interesting, if not complicated.

    Post something here or simply email me. Thanks!

  • quidam21st January, 2006

    You will need to check the individual county for details. I am not familiar with MS rules.

    If it goes to the state, should you buy it you would be free and clear of all liens except government liens. However, you do not get insurable title.

  • farawaysis22nd January, 2006

    Thanks for the timely response. Could you suggest a really good book that deals with the purchasing of property from the state ( Left over Properties )? Not county sales. Responses are greatly appreciated...TY

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