lundi 30 octobre 2017

Adverse Possession: When Can You Claim Adverse Possession of a Landlocked Property

My question involves personal property located in the State of: CA
STORY:
Before I purchased my rural wooded property parcel that I have now lived on for 30 years. The Realtor gave me a subdivision parcel map. The parcel map of the property was described as a 15 acre parcel. I purchased and found out later that the Realtor had given me an old parcel map and the subdivision plot plan had been revised and the property lines and acreage were not the same as what I had agreed on with the realtor. I still have this parcel map. It turned out to be 8.67 acres and a pie shaped lot. I was informed that the realtor who had moved back to Texas had made a simple mistake giving me an old map that had been revised after the fact but to late for me I owned it and should have did my research and not relied on him. This was kind of true but I was young and dumb and pretty much broke. But this created a big problem for me. Due to the terrain and Creek beds without the parcel I no longer owned I lost drive able access to the back of my property and the small pond that was one of the main reasons we bought this parcel. So I continued to occupy this abandon land locked parcel that has no easement for access unless i allow one across my property which I will explain later in this letter.

I went to the court house planning commission to find who owned the land that I thought was mine and it belonged to an Arnold M Clejan out of Roseburg, CA. I called and wrote Mr Clejan to see if I could make some kind of deal on the parcel and could not get a hold of him. Mail was returned unopened. After some time I went back to the court house property tax collection dept to find out who was paying the land tax. This is were I got information on the property and the title holders disposition. There had been a land lottery in 1947 and he won many parcels one being the one in question. There was suppose to be a town of Wilbur that never came to pass. The parcel he owned next to me was now land locked with no access of easement so he abandon it. The parcel was 11 years delinquent in property taxes but had not been placed for tax auction because of on going probate. I was told when probate closed the parcel would be auctioned off by the tax dept. There would be no disclosure in a silent auction of it being landlocked without easement to the bidders. My fear was some bidders would not do their due diligence on researching this parcel and not understand that it would be worthless or at the least to costly to them if they could not access or sell because of the same reasons and run the bidding up farther than I could afford. The only other option I had was Adverse Possession. But I needed legal help to understand the process, criteria and procedures petition the court for quick title. That is were I am at today.

Proof of Possession:
1.For the last 30 years I have been cleaning the culverts of debris to protect this parcel as well as the one I have title to and neighbors down stream.
2.I have been collecting firewood from downed trees as fuel for my wood stove that is the only system I have to heat my house. In doing so I have been maintaining & prevention of fire hazards and improving the parcel while protecting it & myself as well.
3. I have a cattle feeder structure on the property.
4. I have been erecting a fence on the property.
5. I have paid defaulted taxes going back to 2007 to the present date.
6. I have tried to contact owner to make a deal on this property even though I knew he abandon it. Mail keep returning unread

LEGAL HELP NEEDED"
I need a local or otherwise lawyer willing to represent me for this claim. I am willing to do the leg work but probable need representation in court and application & advise.
Property owners are deceased & Land is in probate, Do I need to wait to proceed with quick deed claim to court.
What are my real chances and pitfalls of proceeding with the claim.
Of course a cost evaluation. I am willing to pay for services needed. I am serous and will do what is needed to see this through.

LAND DISPOSITION:
Owners are now deceased and estate is still in probate and was awaiting tax auction.
Land is 5.68 acres but only 126 foot wide but long with difficult terrain & partly floods in winter.
Land taxes had not been paid sense 2007. I now pay them.
Parcel is landlocked on all sides
No easement to or from property.
Been abandon for over 30 years probably 60 years.
Boarders my parcels south property line.


Adverse Possession: When Can You Claim Adverse Possession of a Landlocked Property

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