What is disadvantage possession? How can I get the real estate title?
Briefly, disadvantageous possession is the process by which a person or investor can obtain ownership or ownership from another person because the owner abandoned real estate. This is done simply by owning the property in the manner prescribed by state law.
By doing so, you can acquire ownership and title of real estate simply by paying nonpayment of real estate tax legally. In other words, you can take the title of valuable assets for an incredible discount.
Law of unfavorable possession
The law governing unfavorable possession is the provincial state (or the Canadian, territorial law). As a result, abandoned real estate investors must examine particular laws in certain states or Canadian territories where real estate resides. Since law varies dramatically from jurisdiction to law of law, it is likely to be confusing often, so if you wish to line up with real estate by unfavorable ownership, please consult a knowledgeable lawyer.
Let's see a concrete example to begin understanding the requirements of adversity ownership. Below is a detailed look at California's Harmful Heritage Law. We use this law to identify and explain some of the more common terms used for harmful heritage.
California's unfavorable ownership law
Simply put, according to California State law, real estate investors need to fulfill all the following requirements, if they wish to acquire property ownership of another person by unfavorable ownership.
1. The ownership of abandoned real estate investors was held with either (1) claims of rights or (2) titles below:
2. Ownership of abandoned real estate investors was real, open and infamous.
3. The possession of abandoned real estate investors was hostile and exclusive.
4. The ownership of abandoned real estate investors has not been ongoing and suspended for five years.
5. Abandoned real estate investors paid real real estate taxes in the past five years.
Possession must be made under (1) rights of rights or (2) color of title.
California laws and other most state laws governing unfavorable ownership are disadvantageous based on "document-based rights claim or judgment or judgment" (often referred to as a claim under the color chart) To claim ownership), those claiming disadvantageous possession under the claim of title of title excluding other rights and not based on written judgment, judgment or judgment "(assertion of right For such requests under 352 Procedures 322 and 323. Claims Requests, see Articles 324 and 325 of the Code of Civil Procedure.
Essentially, the assertion claiming disadvantage based on the color of the title seemed to relocate the right owner, but due to an act that was bad (other writing instruments) or a judicial decision, the petitioner (abandonment Property investor). For example, a tax sale investor may be disadvantaged by the color of ownership of real estate purchased on a California state taxed sale inappropriately built, so that the act Will be invalid.
"Claiming rights" or "claiming rights"
The abandoned real estate agent attempts to acquire ownership of real estate by disadvantage claims generally by taking such a title through "right claim" or "right claim". Under this principle, investors really only need to actually own assets and retain possessions required by the appropriate jurisdiction law.
As expected, the requirement for establishing a disadvantage possession under the claim of rights relates to claiming in the color of the title (under California laws and almost all state laws) It is fierce than what you do.
In order for the specific requirements for rights claims to be accurate to refer to specific state laws. Please consult safely with a knowledgeable lawyer in the county with property again.
Your belongings must be real
As can be seen below, abandoned real estate investors claiming ownership under the principle of disadvantage do not need to occupy real estate or live to actually occupy real estate. But actually living in real estate is probably the most powerful and clear evidence that ownership is real.
Possession by tenants
Real estate is occupied, lived under the tenant contract, and it may actually be owned. For example, Traeger v. Friedman (1947) 79 CA In the California senior lawsuit of 151, an unfavorable owner owned an apartment via a tenant and then managed and borrowed it for 5 years. She paid real estate tax from the rent. The court in California claimed that it fulfilled the actual possession requirement necessary to obtain a perfect title under the defense allowance.
Possession is the case where the land is "protected by a substantial enclosure", "normally cultured or improved"
If disadvantages are claimed on the claim of rights, the California Civil Procedure Code Article 324 and Article 325 will apply.
The property of the abandoned real estate investor is owned by the real estate investor,
1. "We will protect" the property "by basic aid", or
2. The person is "normally cultured" or
3. I have "improved" characteristics.
If there are a lot of actual real estate acquired by disadvantage possession and it is impossible to actually possess (that is, it is alive), the real estate is "protected by substantial containment", "usually there is culture It was usually improved ".
If real estate is protected by substantive detention, it must be sufficient to notify the real owner that the investor is claiming disadvantage throughout the disposal period. In the old lawsuit, the detention must be sufficient, must be maintained beyond the prescribed period of five years, protect all aspects of property that is claimed from invasion by cattle and other animals there is. If an intrusion is so injured as to be unable to protect all aspects of property from such intrusions, the abandoned real estate investor or claimant will promptly repair any damages or risks determined to not meet this requirement It must be.
If the abandoned real estate investor or claimant does not live in real estate but meets one of the three options, it meets the actual possession requirement of disadvantage possession.
Furthermore, in the case of California state, "grazing" and "pasture land" are not listed in the above "Article 325 of the Civil Procedure Code", but it is the method actually owned by investors.
Owner must be open and infamous
Essentially, property owners do not lose their real estate by doctrine possessing disadvantages without the way investors hold real ownership. Examples of such actions include repairing houses and improving them, such as painting houses and maintaining the outside.
But the owner can lose ownership of real estate by unfavorable ownership without actually being aware of real estate because the owner has never visited real estate to discover improvements of abandoned real estate investors There is sex.
Possession was hostile, disadvantageous, monopolistic.
Basically, if the abandoned real estate investor or claimant possesses ownership, its ownership is considered harmful and hostile to the real owner and the need to submit further evidence there is no.
However, if an abandoned real estate investor or claimant claims ownership, the claimant must prove that the property is obligor and disadvantageous. The term "hostile" does not mean that the owner was "apparently hostile" to the owner, but merely such possession is "inconsistent" with the possession of the true owner It means that it is.
It has been shown that ownership violates property rights of the real owner and causes reasons to initiate measures to terminate ownership or ownership of property investors or claimants abandoned by the owner There must be.
Ownership of real estate with the permission of the owner is not hostile or disadvantageous. See California Civil Code Section 813 which provides a better legal description of this process.
Basically, the California Civil Code Section 813 implies that property owners can grant permission to use their property by the general public or by a particular individual. The statement further states: "In the case of use by non-citizens, if such notice is valid it shall also be provided by registered mail to the user.
Use of the complainant must be exclusive. The use of that property by a legal owner or a party other than a petitioner or abandoned real estate investor, or a tenant of a proprietor or abandoned real estate investor for that person is disadvantaged Beat the title claim by ownership.
Possession was not interrupted for five consecutive years.
This requirement is listed in Civil Code Section 1007 when reading with the code of civil litigation sections 318, 319, 321, 322, and 325. Most specifically, Section 325 of the Code of Civil Procedure provides the following:
However, in any case it is deemed that hazardous occupancy has been established under any provision of the provisions of this Act, unless land is occupied and consecutively occupied for five consecutive years Absent. Predecessors and concessors paid to all taxes, states, counties, or municipalities levied and valued for the land.
However, this requirement does not mean that investors must physically be in the land for five years every day. For example, if a tenant actually owns a house or other rental property on behalf of a real estate owner or an abandoned real estate investor, normal vacancies do not prevent continuation of ownership.
For example, if an investor owned a rental property and normal vacancies occurred, the vacancy was not considered a violation if it meets the 5-year occupancy requirement. Also, investors do not need to purchase real estate to make this claim. That means that if the property is safe and the tenant lives, it can claim detriment with multiple properties. It means a positive cash flow while waiting for a given period of time, and when your property does not have your physical stay.
The petitioner paid the actual property tax for the past five years.
See Article 325 of the Code of Civil Procedure governing this requirement.
Abandoned real estate investors or claimants have to prove that they have paid all taxes levied and valued against the property claimed during the 5 year period. If you do not pay the tax that was taxed in any year, the charge of disadvantage possession will be invalid. Also, the claimant must pay unpaid delinquent tax for many years before the start of disadvantage claims. For details, see Los Angeles v. See the case of Coffey (1963) 243 CA 2d 121, 125.
Under California law, if abandoned real estate investors meet all the requirements of the disadvantageous possessing law under the assertion, that person is a true legal owner of abandoned real estate . If the legal ownership of the real estate was held by the former owner without having outstanding mortgages over the taxable collateral, the investor basically acquired real estate real estate tax for more than five years a small investment for.
So, what should I do with abandoned real estate investors?
The two most important principles of unfavorable ownership law, abandoned real estate investors,
In contrast to the color of the title, the ability to exhibit a disadvantage based on title rights or claims of assertions
2. Relatively short specified period. Abandoned real estate investors must have their property disadvantageously and the investor can gain ownership of real estate.
You are probably asking yourself why, why?
In California, California State Civil Procedure Code or period is 5 years. However, in some states the period can last ten, fifteen or twenty years until you get a title with unfavorable ownership.
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